California Guardianship Petition Requirements
Summary
Professional fiduciaries seeking guardianship must include proposed fees, license info, and engagement details in their petition. The court can adjust fees. The petition must disclose if the ward is a state institution patient, receives VA benefits, or is involved in legal proceedings. Guardians intending to adopt must state this, and related cases will be combined. If the ward is or may be an Indian child, this must be noted.Full Conversation
I was wondering if tou can simplify a section of the law for me please?
Of course, I'd be happy to help simplify a section of the law for you. Could you please specify which section you're interested in?
(d) If the petitioner or proposed guardian is a professional fiduciary, as described in Section *, who is required to be licensed under the Professional Fiduciaries Act (Chapter * (commencing with Section *) of Division * of the Business and Professions Code), the petition shall include the following:
(*) The petitioner’s or proposed guardian’s proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward for services performed as a guardian. The petitioner’s or proposed guardian’s provision of a proposed hourly fee schedule or another statement of his or her proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioner’s or proposed guardian’s fees or other compensation.
(*) Unless a petition for appointment of a temporary guardian that contains the statements required by this paragraph is filed together with a petition for appointment of a guardian, both of the following:
(A) A statement of the petitioner’s or proposed guardian’s license information.
(B) A statement explaining who engaged the petitioner or proposed guardian or how the petitioner or proposed guardian was engaged to file the petition for appointment of a guardian or to agree to accept the appointment as guardian and what prior relationship the petitioner or proposed guardian had with the proposed ward or the proposed ward’s family or friends.
(e) If the proposed ward is a patient in or on leave of absence from a state institution under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services and that fact is known to the petitioner or proposed guardian, the petition shall state that fact and name the institution.
(f) The petition shall state, so far as is known to the petitioner or proposed guardian, whether or not the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration and the estimated amount of the monthly benefit payable by the Veterans Administration for the proposed ward.
(g) If the petitioner or proposed guardian has knowledge of any pending adoption, juvenile court, marriage dissolution, domestic relations, custody, or other similar proceeding affecting the proposed ward, the petition shall disclose the pending proceeding.
(h) If the petitioners or proposed guardians have accepted or intend to accept physical care or custody of the child with intent to adopt, whether formed at the time of placement or formed subsequent to placement, the petitioners or proposed guardians shall so state in the guardianship petition, whether or not an adoption petition has been filed.
(i) If the proposed ward is or becomes the subject of an adoption petition, the court shall order the guardianship petition consolidated with the adoption petition, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
(j) If the proposed ward is or may be an Indian child, the petition shall state that fact.
In simple terms:
- If someone wants to be a guardian and they're a professional fiduciary, they must include their proposed fees, license info, and how they were engaged in the petition. The court can adjust these fees.
- The petition must state if the ward is a patient at a state institution, receiving VA benefits, or involved in any legal proceedings.
- If the guardians intend to adopt, they must state it in the petition. If an adoption petition exists, the cases will be combined.
- If the ward is or may be an Indian child, this must be stated.
- If someone wants to be a guardian and they're a professional fiduciary, they must include their proposed fees, license info, and how they were engaged in the petition. The court can adjust these fees.
- The petition must state if the ward is a patient at a state institution, receiving VA benefits, or involved in any legal proceedings.
- If the guardians intend to adopt, they must state it in the petition. If an adoption petition exists, the cases will be combined.
- If the ward is or may be an Indian child, this must be stated.
Thank you so much
You're welcome! If you have any more questions or need further clarification, feel free to ask. I'm here to help!