§ 1517 Guardianship Exemptions

This law says that the usual rules don’t apply to guardianships that are part of a permanent plan, and even after a court stops handling a child’s case, it can still make orders to manage the child’s money.

Key Takeaways

•The part doesn’t apply to guardianships created by a permanent plan under Section 366.26.
•Those guardianships must follow the specific procedures in Section 366.26 and the California Rules of Court.
•If no specific rule fits, estate‑administration rules (starting at Section 2100) may be used.
•Courts can still issue orders to manage a child’s money, even after their jurisdiction ends.

Example

A child in foster care has a permanent plan that names a guardian. The court can still appoint someone to run the child’s trust fund, even after the court’s case is closed.

Because the guardianship comes from a permanent plan, the normal rules in this part don’t apply. The court can still order a fund manager for the child’s benefit, and that order can stay in place after the court’s jurisdiction ends.

(a) This part does not apply to guardianships resulting from the selection and implementation of a permanent plan pursuant to Section 366.26 of the Welfare and Institutions Code. For those minors, Section 366.26 of the Welfare and Institutions Code and Division 3 (commencing with Rule 5.500) of Title Five of the California Rules of Court specify the exclusive procedures for establishing, modifying, and terminating legal guardianships. If no specific provision of the Welfare and Institutions Code or the California Rules of Court is applicable, the provisions applicable to the administration of estates under Part 4 (commencing with Section 2100) govern so far as they are applicable to like situations. (b) This chapter shall not be construed to prevent a court that assumes jurisdiction of a minor child pursuant to Section 300 of the Welfare and Institutions Code, or a probate court, as appropriate, from issuing orders or making appointments, on motion of the child’s counsel, consistent with Division 2 of the Welfare and Institutions Code or Divisions 4 to 6, inclusive, of the Probate Code necessary to ensure the appropriate administration of funds for the benefit of the child. Orders or appointments regarding those funds may continue after the court’s jurisdiction is terminated pursuant to Section 391 of the Welfare and Institutions Code. (Amended by Stats. 2008, Ch. 166, Sec. 2. Effective January 1, 2009.)

Key Takeaways

•The part doesn’t apply to guardianships created by a permanent plan under Section 366.26.
•Those guardianships must follow the specific procedures in Section 366.26 and the California Rules of Court.
•If no specific rule fits, estate‑administration rules (starting at Section 2100) may be used.
•Courts can still issue orders to manage a child’s money, even after their jurisdiction ends.

Example

A child in foster care has a permanent plan that names a guardian. The court can still appoint someone to run the child’s trust fund, even after the court’s case is closed.

Key Takeaways

Example

Key Terms

References

§ 1517 Guardianship Exemptions

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References