Preview
GC-248
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY
_Franoes Cardenas Barraentes
5205 San Bemardino St. Apt 503 E, Montclair, CA 91 763 D
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TELEPHONE no: (909) 546-9298 FAX No. (Optional):
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E-MA'L ADDRESS (OPfiWDI
Iorissah2003@gmail.oom CgAN BERNARDINO DISTRICT
ATrORNEY FOR (Name): |N PRO PER
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F San Bemardino
STREET ADDRESS: JUL 0 8 2021
247 W. 3rd Street, 2nd Floor
MAILING ADDRESS: n
San Bemalrdllrlmo, CA 9241 5-0212 .I
CITY AND ZIP CODE:
BY
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BRANCH NAME; Probate DIVIsIon
NEY SPEARS, DEPUTY
GUARDIANSHIP 0F THE E PERSON E ESTATE
Adrian David Flores Andrew Fmddle Chato Flores. Sadie Jamlynn Gomez. Layla
.
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Serenltee Gomez, Kandlee Zanayah BIu Gomez and Klngg Aayden Peter Gomez
OF (Name): MINOR
CASE NUMBER:
DUTIES OF GUARDIAN
and Acknowledgment of Receipt “£371.
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DUTIES OF GUARDIAN
When you are appointed by the court as a guardian of a minor, you become an officer of the court and assume certain
duties and obligations. An attorney is best qualified to advise you about these matters. You should clearly understand
the
information on this form. You will find additional information in the Guardianship Pamphlet (for Guardianships of Children
in the Probate Court) (Form GC-205), which is available from the court.
1. GUARDIANSHIP OF THE PERSON
Ifthe probate court appoints you as a guardian of the person for a child, you will be required to assume important
duties and obligations.
Fundamental responsibilities - The guardian of the person of a child has the care, custody, and control of
As guardian. you are responsible for providing for food, clothing, shelter, education, and all the
the child.
medical and dental needs of the child. You must provide for the safety, protection, and physical and emotional
growth of the child.
Custody - As guardian of the person of the child, you have full legal and physical custody of the child and are
responsible for all decisions relating to the child. The child's parents can no longer make decisions for the
child while there is a guardianship. The parents' rights are suspended—not terminated—as long as a guardian
is appointed for a minor.
Education - As guardian of the person of the child, you are responsible for the child's education. You
determine where the child should attend school. As the child's advocate within the school system, you should
attend conferences and play an active role in the child's education. For younger children, you may want to
consider enrolling the child in Head Start or other similar programs. For older children, you should consider
their future educationalneeds such as college or a specialized school. You must assist the child in obtaining
services the child has special educational needs. You should help the child in setting and attaining his or her
if
educational goals.
Residence As guardian, you have the right to determine where the child lives. The child will normally live
—
with you, but when is necessary, you are allowed to make other arrangements if is in the best interest of
it it
the child. You should obtain court approval before placing the child back with his or her parents.
As guardian, you do not have the right to change the child's residence to a place outside of California unless
you first receive the court's permission. If the court grants permission, California law requires that
you
establish legal guardianship in the state where the child will be living. IndividuaI states have different rules
regarding guardianships. You should seek additional information about guardianships in the state where you
want the child to live.
(Continued on reverse)
Form Adopted for Mandatory Use
Judicial Council of California DUTIES OF GUARDIAN Page one of five
GC—248 [New January 2001]
1,
(Probate)
GC-248
GUARDIAN 0F (Name):
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See 2 in Addendum MINOR Em“:
Medical treatment - As guardian, you are responsible for meeting the medical needs of the child. In most
cases, you have the authority to consent to the child's medical treatment. However, if the child is 14 years or
older, surgery may not be performed on the child unless either (1) both the child and the guardian
consent or
(2) a court order is obtained that specifically authorizes the surgery. This holds true except in emergencies. A
guardian may not place a child involuntarily in a mental health treatment facility under a probate guardianship.
A mental health conservatorship proceeding is required for such an involuntary commitment. However, the
guardian may secure counseling and other necessary mental health services for the child. The law also
allows older and more mature children to consent to their own treatment in certain situations such as
outpatient mental health treatment, medical care related to pregnancy or sexually transmitted diseases, and
drug and alcohol treatment.
Community resources - There are agencies in each county that may be helpful in meeting the specific
needs of children who come from conflicted. troubled. or deprived environments. If the child has special
needs, you must strive to meet those needs or secure appropriate services.
Financial support - Even when the child has a guardian, the parents are still obligated to financially support
the child. The guardian may take action to obtain child support. The child may also be eligible for Temporary
Aid for Needy Families, TANF (formerly known as AFDC), social security benefits, Veterans Administration
benefits, Indian child welfare benefits, and other public or private funds.
Visitation The court may require that you allow visitation or contact between the child and his or her
-
parents. The child's needs often require that the parent—child relationship be maintained, within reason.
However, the court may place restrictions on the visits, such as the requirement of supervision. The court
may also impose other conditions in the child's best interest.
Driver‘s license As guardian of the person, you have the authority to consent to the minor's application for
-
a driver‘s license. If you consent, you will become liable for any civil damages that may result if the minor
causes an accident. The law requires that anyone signing the DMV application obtain insurance to cover the
minor.
Enlistment in the armed services - The guardian may consent to a minor's enlistment in the armed
services. If the minor enters into active duty with the armed forces, the minor becomes emancipated under
California law.
Marriage - For the minor to marry, the guardian and the court must give permission. If the minor enters a
valid marriage, the minor becomes emancipated under California law.
Change of address - A guardian must notify the court in writing of any change in the address of either the
child or the guardian. This includes any changes that result from the child's leaving the guardian's home or
returning to the parent's home. You must always obtain court permission before you move the child to
another state or country.
Court visitors and status reports - Some counties have a program in which "court visitors" track and review
guardianships. If your county has such a program, you will be expected to cooperate with all requests of the
court visitor. As guardian, you may also be required to fill out and file status reports. In all counties, you must
cooperate with the court and court investigators.
Misconduct of the child - A guardian, like a parent, is liable for the harm and damages caused by the willful
misconduct of a child. There are special rules concerning harm caused by the use of a_ firearm. If you are
concerned about your possible liability, you should consult an attorney.
Additional responsibilities — The court may place other conditions on the guardianship or additional duties
upon you, as guardian. For example, the court may require the guardian to complete counseling or parenting
classes, to obtain specific services for the child, or to follow a scheduled visitation plan between the child and
the child's parents or relatives. As guardian, you must follow all court orders.
(Continued on page three)
GC-248 [New January 1, 2001 ] DUTIES OF GUARDIAN Page two of five
(Probate)
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