What happens to old Guardianships of the Estate in California after kids reach 18 years of age?
If you were appointed as Guardian of the Estate of a minor many years ago and he or she has now reached 18 years of age, or is perhaps over 18, there are several things you should do.
- Do a final accounting or get a waiver of the accounting from the ward (if competent).
- Prepare a Petition to Terminate the Guardianship.
- After the court orders the Guardianship terminated, you need to transfer all the assets to the child, who is now an adult.
- File receipts with the court.
- Get a discharge.
What happens if your child has turned 18 and was under a guardianship, but is not competent now to handle the funds?
Then, you must file to become the conservator of the estate of your child. A conservatorship is the adult version of the guardianship.
Why you should not wait to end the Guardianship of the estate: As time goes by, records get lost, and it becomes exponentially more difficult to gather all bank records to complete the accounting if an accounting cannot be waived. Not being able to account subjects you to a surcharge and recovery on your bond. As soon as your child turns 18, you should file a petition to terminate the guardianship of the estate.
Our estate lawyers can help you terminate guardianships of the estate and create and establish conservatorships of the estate. In Los Angeles County and San Fernando Valley, call attorney Mina Sirkin for Guardianship advice at 818.340.4479 or email us here.