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Guardianship- Petition for Appointment

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Anyone qualified to petition for the appointment of a guardian may petition for the appointment of a temporary guardian.  Prob C. Section 2250(a).  Thus, the minor if age 12 or older, his or her spouse, or a relative or “other person on behalf of the minor” may file the petition.  See Prob C Section 1510(a). Usually, the party filing the petition for appointment of a guardian also files the petition for the appointment of the temporary guardian.

Choosing the Proposed Guardian:  Before preparing the petition for appointment of a temporary guardian of the estate or person, make sure you ask a bonding company whether the proposed guardian can qualify for a bond.  If the proposed guardian fails to qualify for a bond, you should petition for the appointment of another individual who is bondable.  This can be another family member, a friend, the public guardian or private professional fiduciary.  Other alternatives if the proposed guardian does not qualify for a bond including placing the guardian’s funds in a blocked account or requesting an order that the letters of temporary guardianship specify that the temporary guardian is not authorized to take possession of money or any other property without a specific court order.

Contact an Orange County Guardianship Lawyer today for help.

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