Appointment of Guardian Generally
Cal. PROB § 1514
California Statutes
(
a) Upon hearing of the petition, if it appears necessary or convenient, the court may appoint a guardian of the person or estate of the proposed ward or both. (b)
(1) In appointing a guardian of the person, the court is governed by
Chapter 1 (commencing with
Section 3020) and
Chapter 2 (commencing with
Section 3040) of Part of Division of the Family Code, relating to custody of a minor.
(2) Except as provided in
Section 1510.1 or 2105, a minor’s parent may not be appointed as a guardian of the person of the minor. (
c) The court shall appoint a guardian nominated under
Section insofar as the nomination relates to the guardianship of the estate unless the court determines that the nominee is unsuitable. If the nominee is a relative, the nominee’s immigration status alone shall not constitute unsuitability. (
d) The court shall appoint the person nominated under
Section as guardian of the property covered by the nomination unless the court determines that the nominee is unsuitable. If the person so appointed is appointed only as guardian of the property covered by the nomination, the letters of guardianship shall so indicate. (
e) Subject to subdivisions (
c) and (d), in appointing a guardian of the estate:
(1) The court is to be guided by what appears to be in the best interest of the proposed ward, taking into account the proposed guardian’s ability to manage and to preserve the estate as well as the proposed guardian’s concern for and interest in the welfare of the proposed ward.
(2) If the proposed ward is of sufficient age to form an intelligent preference as to the person to be appointed as guardian, the court shall give consideration to that preference in determining the person to be so appointed.