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HomeProbate CodeDiv. 4Pt. 2Ch. 1Art. 2§ 1514 Guardian Appointment Rules

§ 1514 Guardian Appointment Rules

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1514 Guardian Appointment Rules

When someone asks the court for a guardian, the court can name a person to take care of the person's daily needs or money, following certain rules.

Key Takeaways

  • •The court may appoint a guardian for a person, for their money, or both when a petition is filed.
  • •When picking a personal guardian, the court follows the family‑code rules for child custody and usually cannot pick a parent, unless a special exception applies.
  • •If the person who wants a guardian has named someone in a prior nomination, the court will usually choose that person unless they are unsuitable, and the court must consider the ward’s own preference if they are old enough.

Example

A 17‑year‑old with a severe disability can no longer live at home and his parents are unable to care for him.

The court looks at the request, checks the law about who can be a personal guardian, and then picks a qualified adult (maybe a relative or a professional) to make daily decisions and manage the teen's money, unless the court thinks the suggested person isn’t suitable.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1514 Guardian Appointment Rules

(a) Upon hearing of the petition, if it appears necessary or convenient, the court may appoint a guardian of the person or estate of the proposed ward or both. (b) (1) In appointing a guardian of the person, the court is governed by Chapter 1 (commencing with Section 3020) and Chapter 2 (commencing with Section 3040) of Part 2 of Division 8 of the Family Code, relating to custody of a minor. (2) Except as provided in Section 1510.1 or 2105, a minor’s parent may not be appointed as a guardian of the person of the minor. (c) The court shall appoint a guardian nominated under Section 1500 insofar as the nomination relates to the guardianship of the estate unless the court determines that the nominee is unsuitable. If the nominee is a relative, the nominee’s immigration status alone shall not constitute unsuitability. (d) The court shall appoint the person nominated under Section 1501 as guardian of the property covered by the nomination unless the court determines that the nominee is unsuitable. If the person so appointed is appointed only as guardian of the property covered by the nomination, the letters of guardianship shall so indicate. (e) Subject to subdivisions (c) and (d), in appointing a guardian of the estate: (1) 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 and interest in the welfare of the proposed ward. (2) If the proposed ward is of sufficient age to form an intelligent preference as to the person to be appointed as guardian, the court shall give consideration to that preference in determining the person to be so appointed. (Amended by Stats. 2024, Ch. 955, Sec. 3. (AB 2224) Effective January 1, 2025.)

Last verified: January 11, 2026

Key Terms

guardianproposed wardbest interestunsuitablenominee

Related Statutes

  • § 1512 Guardianship Petition Amendment Requirement
  • § 1513.2 Guardian Annual Status Reports
  • § 1204 Fiduciary Notice Waiver Rules
  • § 1210 Service On Guardian Or Conservator
  • § 1500 Parent Guardian Nomination

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1514.
View Official Source