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HomeProbate CodeDiv. 4Pt. 1Ch. 5§ 1489 Pre-1981 Guardian Appointments

§ 1489 Pre-1981 Guardian Appointments

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

§ 1489 Pre-1981 Guardian Appointments

This law says that a written choice made before Jan 1, 1981, about who should care for a child can be treated as an official nomination of a guardian, as long as it meets the rules in sections 1500 or 1501 and the person who wrote it was capable of making a clear decision.

Key Takeaways

  • •A written appointment made before 1981 can count as a formal guardian nomination.
  • •It only works if the rules in sections 1500 or 1501 are satisfied.
  • •The person making the appointment must have been able to understand and choose clearly.

Example

A mother wrote a letter in 1978 naming her sister as the person who should take care of her 9‑year‑old daughter if the mother could no longer do so.

Because the letter meets the requirements of the statute, a court can treat that letter as if the mother had officially nominated her sister as guardian, even though the letter was created before 1981.

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

Official Source
View on CA.gov

§ 1489 Pre-1981 Guardian Appointments

If, before January 1, 1981, a parent or other person has in a signed writing appointed a person to serve as the guardian of the person or estate or both of a minor, or as the guardian of the property the minor receives from or by designation of the person making the appointment, such appointment shall be deemed to be a nomination of a guardian if the requirements of Section 1500 or 1501 are satisfied and, in such case, shall be given the same effect it would have under Section 1500 or 1501, as the case may be, if made on or after January 1, 1981. This section applies whether or not the signed writing is a will or deed so long as the person signing the writing had at the time the writing was signed sufficient capacity to form an intelligent preference. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

guardiannominationsigned writingintelligent preference

Related Statutes

  • § 1488 Guardian Nomination Effect
  • § 1490 Guardian Means Conservator
  • § 1240 Clerk Issuance Of Citation
  • § 1241 Citation Requirements
  • § 1242 Citation Service Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1489.
View Official Source