Probate Guardianships: what is in the child's best interests?

In March of 2009, the California Supreme Court noted that probate guardianships have continued to provide an alternative placement for children who cannot safely remain with their parents. (12 S.Cal. Rev.L. & Women's Stud. at pp. 195-196.) This has created some similarities between Probate Guardianships and Dependency proceedings.

A Petition for Guardianship is generally petitioned by a family member or friend of the child. In the Guardianship proceeding the "Court is to be guided by what appears to be in the best interest of the proposed ward, taking into account the proposed guardian's ability to manage and to preserve the estate as well as the proposed guardian's concern for interest in the welfare of the proposed ward." California Probate Code section 1514, subd. (e)(1). Here, there is not a statute based showing of risk as with a Dependency proceeding. ALos Angeles Probate attorney can assist you to determine whether a Probate Guardianship or a Dependency Proceeding is appropriate.