What Is Guardianship in California?
Guardianship refers to a court appointing someone other than a child's parents to manage the child's care, property, or both. This is distinct from adoption — guardianship does not permanently terminate parental rights and is generally intended to be a temporary arrangement when parents are unable to care for their child due to illness, incarceration, military deployment, substance abuse treatment, or other circumstances.
Types of Guardianship
- Guardian of the person — responsible for the child's physical care, including decisions about education, healthcare, and day-to-day welfare
- Guardian of the estate — responsible for managing a child's financial assets or property
- Guardian of the person and estate — combines both responsibilities
How Guardianship Differs From Adoption
- Parents do not have their rights permanently terminated in a guardianship — they retain parental rights and can request reasonable contact with the child
- Guardianship is not permanent and can be terminated by the court when a parent is able to resume caring for the child
- Guardians may be subject to court supervision and periodic reporting requirements
- The legal relationship between guardian and child is not the same as a parent-child relationship for all legal purposes
Who Can Be Appointed Guardian?
In most cases, a proposed guardian is a close family member — a grandparent, aunt or uncle, older sibling, or family friend — who has an existing relationship with the child. The court evaluates whether the proposed guardian can provide a safe, stable, and nurturing environment for the child.
The Guardianship Process in California
To establish a guardianship, the proposed guardian files a petition with the superior court in the county where the child resides. The court will typically require notice to be given to the child's parents and other close relatives, a home study or background investigation, and a court hearing where all interested parties can be heard. The court's decision is governed by the best interests of the child.
Opposing a Guardianship
If you are a parent who believes a guardianship of your child is not in your child's best interests, or that you are now able to care for your child and wish to terminate an existing guardianship, Furubotten Law, APC can represent you in those proceedings.
Last reviewed: May 2026 · Author: Denise Furubotten, Esq.
Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Furubotten Law, APC. Consult a qualified California family law attorney for advice tailored to your situation.