Probate Guardianship Information

Petitions

Petitions are set for hearing at the time of filing. There is a filing fee, unless an application for waiver is granted by the court. Conservatorship petitions must be accompanied by a filing fee and the initial court investigator's fee, unless the petitioner qualifies for a fee waiver. Refer to the fee schedule for filing fees. Judicial Council forms for probate, conservatorships and guardianships can be purchased from the clerk's office. Please submit an original and two copies of all forms to the clerk at the time the case is first filed.

Parties and their counsel are expected to appear at all scheduled hearings unless the document examiner notes indicate that a petition is "RFA" (recommended for approval). The original and one copy of a proposed order must be submitted with all petitions, together with a self-addressed, return envelope.

Guardianship Orientation | Superior Court of California | County of Tulare

Removal of a guardian

A guardian may be removed for specific reasons or when it is in the child's best interest. A guardian may be removed either on the court's own motion or by a petition filed by the child, a relative of the child, or any other interested person. If necessary, the court may appoint a successor guardian, or the court may return the child to a parent if that is found to be in the child's best interest.

Legal documents

For your appointment as guardian to be valid, the Order Appointing Guardian of Minor must be signed. Once the court signs the order, the guardian must take prepared Letters of Guardianship to the clerk's office where the clerk will issue the letters. Letters of Guardianship is a legal document that provides proof that you have been appointed and are serving as the guardian for a minor. You should obtain several certified copies of the Letters from the clerk. These legal documents will be of assistance to you in performing your duties, such as enrolling the child in school, obtaining medical care, and taking care of estate business.

Attorneys and legal resources

If you have an attorney, the attorney will advise you on your duties and responsibilities, the limits of your authority, the rights of the child, and your dealings with the court. If you have legal questions, you should consult with your attorney. Please remember that the court staff cannot give you legal advice.

If you are not represented by an attorney, you may obtain answers to your questions by contacting community resources, private publications, or your local law library.