How to stay on top of California’s ‘standby’ guardianship papers
A new set of papers that are set to be issued to California’s guardianship applicants is raising a new question: How much does it cost to be a standby guardian in the state?
According to the California Division of Guardianship, it’s not a lot.
“The court has concluded that a standby court-appointed guardian is not a person subject to the duties of a guardian, and that a guardian’s services as a standby must be subject to supervision and supervision of the person appointed to serve as a guardian,” the division said in a news release.
“Guardianship is not compulsory and a guardian may not be a substitute for a parent.”
That means that a parent may be allowed to designate another person to be his or her standby guardian, or a relative or other third party.
A standby court appointment is a rare occasion, and only happens on rare occasions.
The court does allow parents to designate someone to act as their standby guardian.
“On occasion, the court will allow a standby appointment for a person who has a reasonable, good faith belief that the person who appointed the guardian has the power, authority or duty to serve the guardian,” it said.
However, the process of appointing a standby is a lengthy one, with the court having to review a number of documents and make several decisions.
“Upon approval, the standby court will proceed to the guardian’s home, where it will complete the standby appointment and notify the standby guardian of the appointment,” it added.
It also requires that the standby guardianship application be submitted to the court within 10 days of the date of the standby order, but it’s the guardian who must then send a copy to the parent or guardian.
If the guardian does not approve the standby, the guardian can ask for a court order allowing the person to act for the standby.
The order is a key part of the process for a standby order to be signed.
The guardian must give the standby judge written notice of the order within 10 business days of receiving the standby application.
If a judge finds that the application is frivolous or made without reasonable grounds, the judge will have the power to dismiss the application.
“In the absence of a court-approved standby court order, the parents must follow the court’s instructions in writing and submit the standby petition to the judge within 10 calendar days of receipt of the application,” the release added.
In the meantime, the courts application process can be very frustrating.
“While the standby process is lengthy, the grandparents of standby guardians have a number different obligations to their guardians and grandparents, including: The parent must file the application within 10-14 days of obtaining a court appointment, and the parents may request a standby petition from the court if the grandparents cannot meet the deadline,” the department said.
If there is a disagreement as to who should serve as the guardian, the parties may choose to continue to serve in the absence that one person is appointed,” it continued. “
A parent may not appoint another person as a replacement for a guardian if the person has not complied with the requirements for the appointment, or if the parent believes that the guardian is unfit or incapable to serve or act for that person.
If there is a disagreement as to who should serve as the guardian, the parties may choose to continue to serve in the absence that one person is appointed,” it continued.
“When a parent or relative has the ability to remove a standby judge, the person may choose that person to serve and the parent may request that the court make the final decision on that person’s appointment,” the news release concluded.
“Once the standby is granted, the parent must notify the judge that he or she has filed the application and provide the court with the final court order that determines the guardian.
In all cases, the child will be considered the person in charge of the guardianship.”
If a standby application is denied, the family must submit another application, and it’s then up to the standby to review the application to determine whether the person is qualified to serve.
“Prior to a court making a final decision, the Court of Appeal may review the final order and determine whether or not the person qualified to act under the requirements of the guardian or the parent,” the Division of Guardian Services said.
The standby court can also make a final determination on the status of a standby, if the application was rejected, but only if the judge approves the order.
In a statement, a spokesperson for the Department of Justice said it is reviewing the news releases and said the department is committed to protecting children and their families from abuse and neglect.
“We work to ensure that we have the capacity to serve our guardianship and protect the children in our care,” said Jennifer Burditt, spokesperson for California Attorney General Kamala Harris.
“At this time, we are reviewing the release, but will not comment further at this time.”
The Department of Family Services, which oversees the guardianships in California, has not released any information about how much it costs