What is legal guardianship?
There are two types of legal guardianships over minors in California: guardianship of the person and/or guardianships of the estate. Guardianship of the person requires an adult to be responsible for the child’s well-being. Guardianship of a minor’s estate can be used if the minor has substantial assets that require care and control.
What are the differences between guardianship, conservatorship and adoption?
Guardianships are temporary; any guardianship rights end when the minor becomes an adult. Generally, conservatorships are for adults who need “significant care.” Adoption creates a permanent parent-child relationship.
See: Brown, D., & Doskow, E. (2011). The Guardianship Book for California: How to
Become a Child's Legal Guardian. (8 ed., pp. 3-5). Berkeley, CA: Nolo Press.
Recommended Resources
Online Resources:
California Judicial Branch Self-Help: Guardianship
Judicial Council Form GC-205-INFO: "Information on Probate Guardianship of the Person"
Judicial Council Form GC-206-INFO: "Information on Probate Guardianship of the Estate"
The Superior Court of California, County of Riverside Self-Help: Guardianship
California Department of Social Service: Kinship Guardianship Assistance Payment Program
BRYCS (Bridging Refugee Youth & Children’s Services): Guardianship Toolkit
Nolo Legal Encyclopedia: Guardianship of Children
Books:
(All titles are available electronically from any RCLL location unless otherwise noted. Ask staff about remote availability.)
California Jurisprudence 3d (Westlaw)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 65 .C343
See Volume 35A
Witkin Summary of California Law (Westlaw)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 80 .W5
See Volume 14
The Guardianship Book for California: How to Become a Child's Legal Guardian (Nolo/EBSCO)
Available in print: Riverside, Palm Springs
Call Number: KFC 134. B76 2011 REF
California Guardianship Practice (CEB)
Available in print: Riverside, Palm Springs
Call Number: KFC 134 .C3 CEB
California Probate Procedure (Michie)
Available in print: Palm Springs
Call Number: KFC 205 .M36
See Chapter 21
California Forms of Pleading & Practice Annotated (Lexis)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 1010 .A65 C3
See Volume 24 Chapter 280
Pertinent California Codes:
CA Probate Code Division 4 Part 2: Guardianship (Sec.1500-1611)
CA Probate Code Division 4 Part 4: Provisions Common to Guardianship and Conservatorship (Sec.2100-2893)
Please Note: The information presented in this research guide is intended to provide a
foundation for legal research. For information pertaining to your case please consult with an
attorney, court facilitator, or specialist.
Revised 10/29/2025
