Under California law, in urgent situations, a temporary guardianship of the person, of the estate, or of the person and estate, may be appointed to serve until the final determination on a petition for appointment of a general guardian. The temporary guardian is responsible for providing for the temporary care, maintenance, and support of the minor, and for conserving and protecting the minor’s property from loss or injury.
Situations Where a Temporary Guardianship May Be Appropriate
- When an appeal is pending in litigation affecting the appointment of a guardian, the trial court, to avoid injury or loss to person or property, may appoint a temporary guardian to exercise the powers of the guardian until resolution of the appeal.
- If the court suspends powers of a guardian or pending determination of petition for removal, the court may appoint a temporary guardian to exercise those powers until they are restored to the guardian or a new guardian is appointed.
- If the office of guardian becomes vacant, the court may appoint a temporary guardian on its own motion or on a petition filed under California Probate Code to serve until a new guardian is appointed.
Because a temporary guardianship results in the deprivation of a minor’s personal or property rights, its use is limited to urgent or emergency situations.
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The attached California Temporary Guardianship Minor Child Petition is used by a petitioner when filing for temporary guardianship of a minor child in California. It is free for your use by downloading.
File Download (PDF File): Petitioner for Temporary Guardianship