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HomeProbate CodeDiv. 4Pt. 2Ch. 1Art. 1§ 1502 Guardian Nomination Rules

§ 1502 Guardian Nomination Rules

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

§ 1502 Guardian Nomination Rules

This law says you can name a guardian for yourself in a court paper, at the hearing, or in a signed note, and that name stays valid even if you later become unable to act or die, unless you said otherwise.

Key Takeaways

  • •You can name a guardian in the petition, at the hearing, or in a signed writing.
  • •The name works right away unless the writing says it should wait for a specific condition.
  • •The nomination stays good even if the person who named the guardian later becomes incapacitated or dies, unless the writing says otherwise.

Example

Jane writes a signed note naming her brother as her guardian and files it with her court petition. A few months later Jane has a stroke and can’t make decisions.

Because Jane’s note named her brother, the court will still treat him as her guardian even though Jane can’t speak for herself, unless Jane’s note said the name only works after a certain event.

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

Official Source
View on CA.gov

§ 1502 Guardian Nomination Rules

(a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. (b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such conditions as the subsequent legal incapacity or death of the person making the nomination. (c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

nomination of a guardianpetition for the appointment of the guardianlegal incapacitydeath of the person making the nomination

Related Statutes

  • § 1500 Parent Guardian Nomination
  • § 1500.1 Indian Child Guardianship Consent
  • § 1501 Minor Property Guardian Nomination
  • § 350 Fiduciaries Wartime Substitution
  • § 351 Definition Scope And Application

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1502.
View Official Source