How to Apply for a Disability Guardianship in California
A family may request that an adult be placed in guardianship of their children if: 1) they are unable to care for themselves, or 2) they have significant disabilities that require special care.
The process to apply for a guardianship requires both parties to be able to show they can care for their children.
A guardian’s responsibility for a minor child depends on the type of guardianship arrangement the parent wishes to be in.
For example, in a custodial or residential guardianship arrangements, the adult has sole responsibility for the child.
In a residential guardianships arrangement, the parent is also responsible for the minor child.
There are a number of ways to apply.
File a Form 1438 with the court.
This form outlines the relationship the parents and child have and the responsibilities of the parent(s).2.
Request a waiver.
This is usually done through the court, which will allow the parents to waive the guardianship requirements and give the child’s parents a chance to make an appointment to file for the guardianships.3.
Submit a petition.
This petition must be signed by both parents.
The petition must contain information about the parent’s medical history, family, mental and physical health and needs, and financial status.
The parents are then required to submit a completed application to the court and a certified copy of the petition for approval by the court’s judge.
A petition must also include:1, an explanation of the relationship between the parent and the minorchild, including information about their medical, family and financial histories;2, a statement of the reasons why the guardians are required to take the custody of the minor children;3, an affidavit by the parent or a certified representative of the parents stating that the parent has a substantial financial obligation to care or supervise the minor;4, a copy of an application for a protective order issued by the guardian, and the court clerk’s certificate that the guardians’ relationship is in accordance with state law and the parents’ rights under the Juvenile Court Act.
The court must issue a protective orders order in a case involving:1) an adult with a mental illness, who has a physical or mental disability or developmental disability that is severe;2) a person with a developmental disability, who is incapable of managing their own life and has been confined for a period of time, including a person who has been committed to a mental institution;3) a child, who needs or has been placed in a foster care facility;4) a disabled person who requires intensive care care;5) a member of the military;6) an elderly person;7) a parent of a disabled adult;8) a foster parent of an elderly or disabled person;9) a minor or dependent of a person under the age of eighteen;10) a resident of a nursing home or other residential facility;11) a custodian of a senior citizen;12) a victim of domestic violence;13) a juvenile or a juvenile victim of an abuse or neglect;14) a domestic violence victim;15) an employee of a public or private entity;16) a caregiver of a member or former member of a military family or their family;17) an officer or employee of the California Department of Corrections or the California State Prison;18) an inmate who has committed an offense against a public health, safety or security officer or a member, former member, or employee;19) an emergency medical technician;20) an educator;21) a retired or inactive member of law enforcement;22) a military reserve;23) an active duty member or an employee who is a member;24) a former member or employee who has completed a three-year active duty service or a three years of active duty or active reserve duty;25) an airman or an airwoman;26) a parolee or an parolee member;27) a probationer or probationer and parolee parolee;28) a law enforcement officer;29) a judge or judge’s designee;30) an elected official or an elected member of California’s legislative, congressional or judicial branch;31) a health care provider;32) a licensed social worker;33) a registered nurse;34) a social worker or a social service worker;35) a doctor of dentistry or a doctor with a master’s degree in dental hygiene;36) a nurse practitioner;37) a medical professional;38) a physician assistant;39) a teacher;40) a professional athlete;41) a student at a high school or university;42) a coach or a professional football player;43) a volunteer who is an active member of an organization;44) a school volunteer;45) a sports official;46) a firefighter;47) a police officer;48) a paramedic;49) a sheriff’s deputy;50) a fire marsh