Legal Question in Civil Litigation in California

Is asking the court for a temporary guardianship based on the minor being placed on guardian's health insurance legitimate? Would the court consider this a waste of time and a non-emergency?


Asked on 12/29/10, 9:31 am

1 Answer from Attorneys

A minor's welfare is always of interest to the court. If the minor is a foster child, a dependent or a ward of the juvenile court, then the minor qualifies for Medi-Cal. If it is through the Probate or the Family Court that you wish to become the temporary guardian, I should think that the Court would be thrilled to have you help the minor with health insurance.

However, when you become a minor's guardian, temporary or permanent, you take on certain liabilities for the minor. I believe the figure is up to $25,000 in damages should the minor do anything to another while you have guardianship of the minor.

Also, you take on certain duties to care for the minor, which it sounds like to me, you are willing to assume. See the following Guardianship Pamphlet re the duties of a guardian in the probate court:

http://www.courtinfo.ca.gov/forms/documents/gc205.pdf

For the juvenile court guardianship pamphlet: http://www.courtinfo.ca.gov/forms/documents/jv350.pdf

If you have any questions, please feel free to call me at 619-991-0548.

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Answered on 1/06/11, 9:34 am


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