Cal. R. 7.1002.5

As amended through July 24, 2024

Rule 7.1002.5 - Guardianship of ward 18 to 20 years of age

(a) Authority

The court may extend an existing guardianship of the person past a ward's 18th birthday or appoint a new guardian of the person for a ward who is at least 18 but not yet 21 years of age if the ward is the petitioner or has given consent as provided in section 1510.1 of the Probate Code and this rule.

(b) Consent to appointment of guardian of the person

The court may appoint a new guardian of the person under this rule only if the ward has given consent, both to the appointment and to the guardian's performance of the duties of a guardian, by signing the petition.

(c) Consent to extension of guardianship of the person

The court may extend a guardianship of the person under this rule only if the ward has given consent, both to the extension and to the guardian's continued performance of the duties of a guardian, by signing the Petition to Extend Guardianship of the Person (form GC-210(PE)).

(d) Dispute

In the event of a dispute over the guardian's intended action, the guardian may not act against the ward's desires without the ward's express consent unless failure to act as intended would breach the guardian's fiduciary duties to the ward.

(e) Modification of consent

(1) A ward may withdraw his or her consent to the establishment or extension of a guardianship under this rule by filing a petition to terminate the guardianship under rule 7.1004(b)(2)(B).

(2) In addition to any other petition authorized by section 2359(a), the ward may file a petition at any time during a guardianship established or extended under this rule to withdraw or modify his or her consent to the guardian's performance of a specific duty or duties.

Cal. R. Ct. 7.1002.5

Rule 7.1002.5 amended effective 9/1/2023; adopted effective 7/1/2016.