As amended through January 4, 2024
Rule 12.5.1 - Appointment Of Guardian For Minor. Consents Required.(a)Consent of Parents or Person in Loco Parentis. Written consent of the parents or surviving parent of the minor to the appointment of a guardian of the estate or person is required. If both parents are deceased, such consent is required of the adult person with whom the minor resides or of the superintendent or other official in charge of the institution having custody of the minor. If such consent is not obtained, the petitioner shall set forth the reason and give such notice of the petition as the Court may direct.(b)Consent of Guardian. Individual. When the proposed guardian is an individual, written consent to act as such shall contain the following: (1) the individual's business, and domicile;(2) a statement that the individual is a citizen of the United States, able to speak, read, and write the English language; and(3) a statement that the individual is not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary; and(4) a statement that the individual has no interest adverse to the minor.(c)Consent of Guardian. Corporate. When the proposed guardian is a corporation authorized to act as fiduciary, its written consent to act as such shall contain a statement that it is not the fiduciary of an estate in which the minor has an interest nor the surety of such a fiduciary and that it has no interest adverse to the minor. The foregoing Rules relating to the appointment of a guardian of a minor's estate are subject to the powers given to persons to appoint a guardian by Will, by inter vivos trust agreement, etc. (See 2519 of the P.E.F. Code.)