State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 1500-1502

PROBATE CODE
SECTION 1500-1502



1500.  Subject to Section 1502, a parent may nominate a guardian of
the person or estate, or both, of a minor child in either of the
following cases:
   (a) Where the other parent nominates, or consents in writing to
the nomination of, the same guardian for the same child.
   (b) Where, at the time the petition for appointment of the
guardian is filed, either (1) the other parent is dead or lacks legal
capacity to consent to the nomination or (2) the consent of the
other parent would not be required for an adoption of the child.



1500.1.  (a) Notwithstanding any other section in this part, and in
accordance with Section 1913 of the Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), consent to nomination of a guardian of the
person or of a guardian of the person and the estate given by an
Indian child's parent is not valid unless both of the following
occur:
   (1) The consent is executed in writing at least 10 days after the
child's birth and recorded before a judge.
   (2) The judge certifies that the terms and consequences of the
consent were fully explained in detail in English and were fully
understood by the parent or that they were interpreted into a
language that the parent understood.
   (b) The parent of an Indian child may withdraw his or her consent
to guardianship for any reason at any time prior to the issuance of
letters of guardianship and the child shall be returned to the
parent.



1501.  Subject to Section 1502, a parent or any other person may
nominate a guardian for property that a minor receives from or by
designation of the nominator (whether before, at the time of, or
after the nomination) including, but not limited to, property
received by the minor by virtue of a gift, deed, trust, will,
succession, insurance, or benefits of any kind.



1502.  (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.