Here in Orange County, California, we do not typically hear a lot of news or information regarding guardianships. Living in California, almost everyday we hear about celebrity break ups and divorces. So, today this post is dedicated to assist you in deciding whether you need to file a guardianship. As an example, if a parent of a child dies and the other parent has given up his parental duties (i.e. out of the child’s life), a guardianship will be necessary by a third person.
In emergency situations, a temporary guardian of the person, of the estate or of the person and estate, may be appointed to serve until the final determination on a petition for appointment of a general guardian. The temporary guardian is responsible for providing for the temporary care, maintenance, and support of the minor, and for conserving and protecting the minor’s property from loss or injury.
The following situations are examples in which a temporary guardianship may be appropriate:
1. When an appeal is pending in litigation affecting the appointment of a guardian, the trial court, to avoid injury or loss to person or property, may appoint a temporary guardian to exercise the powers of the guardian until resolution of the appeal. Prob C section 1310(b).
2. If the court suspends powers of a guardian under Prob Code section 2334 (insufficient bond) or Prob Code section 2654 (pending determination of petition for removal), the court may appoint a temporary guardian to exercise those powers until they are restored to the guardian or a new guardian is appointed. Prob Code section 2250(i).
3. If the office of guardian becomes vacant, the court may appoint a temporary guardian on its own motion or on a petition filed under Prob Code section 2250(a) to serve until a new guardian is appointed. Prob Code section 2250(i).
If you are in need of an emergency temporary guardianship, contact an Orange County guardianship lawyer for more information.