January 3, 2013 By Paul Wallin

After a Guardianship of the Person has been established, the legal guardian(s), the minor if age 12 or older, a relative of the minor, or any other interested person may file a petition with the court seeking to be appointed as a successor guardian.  Often times, the current guardian files a petition to resign as guardian, and may do so at any time.

However, the Court will only allow the resignation by the guardian when it appears proper under California Probate Code § 2662.  As a result, a resignation is usually filed along with a Petition for Appointment of a Successor Guardian of the Person.

At the same time the resignation is filed, the successor guardian may file his or her petition with the Court to fill the vacancy left by the previous guardian’s resignation.  In fact, a successor guardian will be appointed any time a vacancy is created, which occurs upon the legal guardian’s resignation, removal, death or incompetency.  When seeking a successor guardianship, the procedural requirements are identical to that of the original appointment of a guardianship of the person.

Requesting a successor guardianship of the person can be very complicated and burdensome.  Let an experienced attorney review your case and assist you in obtaining the proper orders.  The law firm of Wallin and Klarich is prepared to answer your legal questions and is immediately available to assist you with your case. Contact us today at 888-749-7428 for additional information.

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