The guardian’s duties of the person includes the “care, custody, and control of, and has charge of the education of, the ward.” It is clear that the guardian’s duties of the person allows the guardian to decide where the minor will live, how meals, clothing, education, and entertainment will be provided, what daily routines will be followed, and similar matters. The guardian of the person of a minor stands in place of the parent and must supervise, care for, and discipline the minor. The interests of the minor are paramount, and the conduct of the guardian is always determined and judged by what is best for the minor.
Limitations of Duties
In a guardianship the court does not have authority to limit the general guardian’s duties when there is a guardian of the person. This is unlike a conservatorship, in which the court has the authority to limit duties by a court order. The court may, however, broaden the responsibilities of the guardian with the guardian’s consent and thus expand on the guardian duties. But the guardian generally has no duty to financially support the minor.
Under California law, a caregiver may enroll a minor in school and authorize school-related medical care without the need for a guardianship.
Statutory Guardian Duties and Powers
The powers and duties of the guardian of an estate that are to be exercised in keeping with the purposes for which the guardianship is established is to provide for the well-being of the minor. Because a parent has the legal obligation to support his or her minor child, the minor’s assets are to be preserved until he or she attains majority, if the minor has a parent available to provide support. As a matter of almost universal court policy, the guardian may not use guardianship assets without prior court approval, and unless the minor’s parents are deceased or unavailable, approval is given only in extraordinary circumstances.
Because a parent has an obligation to support a minor child, the decisions of a guardian of the estate of a minor who lives with a custodial parent may be quite different from those of a guardian of a minor whose parents are deceased or absent.
Guardian duties are listed in the attached form which is used by California courts to inform a guardian of their duties once they are appointed as guardian of a minor child. It is free for your use by downloading.
File Download (PDF File): Duties of Guardian
The Law Offices of Edward Misleh, APC is a Sacramento law firm located in Sacramento, California that represents clients in Sacramento, California and in Northern California with the services they need and deserve when addressing their legal matters. Our firm handles all aspects of California guardianship, California child custody, California grandparents’ rights, California visitation, and California child support.
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