Legal Reference Question of the Week
Question: When does a guardianship of a minor terminate?
Answer: There are two types of guardianships, one is a probate guardianship and the other is a guardianship of a minor whose parents are still alive.
A probate guardianship is a court proceeding where the court appoints a guardian to protect the minor and the minor’s estate. The other guardianship occurs to protect a minor whose parents are unable to provide for their needs for stability and care. The guardian is usually a relative or other caring adult. Examples of situations where guardianship of a minor is granted to a relative include when a child is about to be placed in foster care or when the child is already residing with the relative and to remove the child back home would be detrimental due to the length of time the child has stayed with the relative.
A guardianship automatically terminates when the minor reaches the age of 18 or upon the minor’s death, adoption, marriage, emancipation or enlistment in the armed services. A guardianship may also be terminated by court order if the court decides that it is in the minor’s best interests. (Prob. Code §1601). The procedures to petition a court to terminate the guardianship can be found in CEB’s California Guardianship Practice book. This book is located at our Downtown, El Cajon, and Vista locations. You may also access this book electronically using the CEB OnLAW database at any of our four locations.