Can Grandparents File for Guardianship

Emily was devastated. Her daughter, tragically, passed away unexpectedly, leaving behind 8-year-old Kai. While Emily adored Kai, she hadn’t considered the legal hurdles to becoming his full-time guardian. Her daughter’s estranged boyfriend, who Kai barely knew, immediately filed for guardianship, citing himself as the closest relative. Emily quickly learned that simply wanting to raise Kai wasn’t enough – she needed to navigate a complex court process, and the potential costs of a legal battle could be substantial.

As an estate planning attorney and CPA with over 35 years of experience in Escondido, California, I often see families caught in these heartbreaking situations. What many grandparents don’t realize is that filing for guardianship is a legal proceeding that requires demonstrating to the court you are the most suitable caregiver for the child. The court’s primary focus is always the best interest of the child, and grandparents need to be prepared to present a compelling case.

What is Guardianship and How Does it Differ from Conservatorship?

Many people mistakenly use the terms guardianship and conservatorship interchangeably. Guardianship specifically pertains to the care of a minor child, encompassing day-to-day decisions regarding their health, education, and welfare. Conservatorship, on the other hand, deals with the management of an adult’s finances and personal affairs. It’s crucial to file for the correct type of legal authority. In Emily’s case, she needed to pursue guardianship, not conservatorship, as Kai was a minor. The court will want to see a clear plan for Kai’s upbringing, including schooling, healthcare, and extracurricular activities.

What Criteria Must Grandparents Meet to Obtain Guardianship?

The court will assess several factors when considering a grandparent’s guardianship petition. Financial Stability: You must demonstrate you can adequately provide for Kai’s basic needs. Home Environment: The court will evaluate the safety and suitability of your home. Child’s Preference: Depending on Kai’s age and maturity, the court may consider his wishes. Parental Rights: If the parents are living, the court will examine why they are unable or unfit to care for Kai. This is where things can become particularly challenging. The estranged boyfriend, in Emily’s case, presented a legal argument about his parental relationship, even though it was minimal.

Furthermore, if the parents are deceased, the court will look at any existing testamentary documents, like a Will naming a guardian. However, a Will isn’t binding, and the court still retains the discretion to appoint the person it deems best for the child.

How Can a CPA-Attorney Help with Guardianship Proceedings?

My background as a CPA provides a unique advantage in these situations. Beyond the emotional considerations, there are significant financial implications to guardianship. Understanding the estate’s assets, potential inheritance, and tax consequences is vital. For example, if Kai is set to receive an inheritance, managing those funds responsibly and minimizing capital gains is crucial.

The Inheritance: Under Probate Code Section 13100 (updated effective April 1, 2025), estates with a gross value exceeding $208,850 must generally undergo formal probate. This threshold is scheduled to remain fixed until the next inflation adjustment on April 1, 2028. Proper estate planning can ensure these funds are used for Kai’s benefit, and a CPA-Attorney can navigate these complexities effectively. We can also assist with establishing trust accounts specifically designed for the child’s care.

What If the Other Parent Objects?

If the other parent objects to the guardianship – as in Emily’s case – the process becomes significantly more contested. This will likely require court hearings, evidence presentation, and potentially witness testimony. A judge will ultimately decide based on the “best interests of the child” standard. The Independent Administration of Estates Act (IAEA): Under the IAEA (Probate Code § 10400 et seq.), an executor granted “Full Authority” can sell real estate without the slow Court Confirmation process; however, if only “Limited Authority” is granted, the sale must be confirmed by a judge and is subject to the “90% of appraised value” rule and open overbidding in court. This illustrates the need for clear legal authority and proactive estate planning.

Digital Assets and Guardianship: A Growing Concern

In today’s world, digital assets – online accounts, social media, cryptocurrency – are a significant part of a person’s life. The RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act): Codified in California Probate Code §§ 870–884, this act grants executors and trustees legal authority to manage a deceased person’s digital accounts, provided the decedent gave explicit “written direction” in their Will, Trust, or via an online tool (like Google’s Inactive Account Manager). As a guardian, you’ll need access to Kai’s digital life, and proper planning by his mother would have streamlined this process.

What does a California probate court look for when interpreting testamentary intent?

In California, a last will and testament operates within a probate system that emphasizes intent, clarity, and procedural compliance. When properly drafted, a will does more than distribute property—it creates legally enforceable instructions that guide courts, fiduciaries, and beneficiaries through administration with fewer disputes and less uncertainty.

When a will is drafted with California probate review in mind, it becomes a stabilizing roadmap rather than a source of conflict. Clear intent, proper authority, and compliant execution protect both families and estates.

Official Legal Mandates and Resources for California Guardianship

• Mandatory Judicial Forms:
  Judicial Council of California – Guardianship Forms (GC Series)
  Access the complete library of “GC” (Guardianship and Conservatorship) forms required for filing a petition in California. In 2026, this remains the official source for mandatory background screening forms and the specific notices required for relatives under the Probate Code.
• Self-Help Procedural Guide:
  California Courts – Guardianship Self-Help
  An official judicial resource providing step-by-step instructions for families seeking legal custody. This guide explains the critical 2026 distinctions between Guardianship of the Person (physical care and health) and Guardianship of the Estate (financial management of the minor’s assets).
• Acknowledgment of Fiduciary Duties:
  Duties of Guardian (Form GC-248)
  The mandatory Judicial Council document that every prospective guardian must sign. It acknowledges your legal obligations regarding the minor’s education, health, and welfare, and establishes your ongoing accountability to the California Probate Court.
• Statutory Authority:
  California Probate Code § 1500 (Guardianship)
  The definitive statutory authority governing the appointment of guardians. This code stipulates that a parent or third party can only be appointed if it is proven—under the “Clear and Convincing” evidence standard—that parental custody would be detrimental to the child’s best interests.