Section 1510.  


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  • (a) A relative or other person on behalf of the minor, or the minor if 12 years of age or older, may file a petition for the appointment of a guardian of the minor. A relative may file a petition for the appointment of a guardian under this section regardless of the relative's immigration status.

    (b) The petition shall request that a guardian of the person or estate of the minor, or both, be appointed, shall specify the name and address of the proposed guardian and the name and date of birth of the proposed ward, and shall state that the appointment is necessary or convenient.

    (c) The petition shall set forth, so far as is known to the petitioner, the names and addresses of all of the following:

    (1) The parents of the proposed ward.

    (2) The person having legal custody of the proposed ward and, if that person does not have the care of the proposed ward, the person having the care of the proposed ward.

    (3) The relatives of the proposed ward within the second degree.

    (4) In the case of a guardianship of the estate, the spouse of the proposed ward.

    (5) Any person nominated as guardian for the proposed ward under Section 1500 or 1501.

    (6) In the case of a guardianship of the person involving an Indian child, any Indian custodian and the Indian child's tribe.

    (d) If the proposed ward is a patient in or on leave of absence from a state institution under the jurisdiction of the State Department of Mental Health or the State Department of Developmental Services and that fact is known to the petitioner, the petition shall state that fact and name the institution.

    (e) The petition shall state, so far as is known to the petitioner, whether or not the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration and the estimated amount of the monthly benefit payable by the Veterans Administration for the proposed ward.

    (f) If the petitioner has knowledge of any pending adoption, juvenile court, marriage dissolution, domestic relations, custody, or other similar proceeding affecting the proposed ward, the petition shall disclose the pending proceeding.

    (g) If the petitioners have accepted or intend to accept physical care or custody of the child with intent to adopt, whether formed at the time of placement or formed subsequent to placement, the petitioners shall so state in the guardianship petition, whether or not an adoption petition has been filed.

    (h) If the proposed ward is or becomes the subject of an adoption petition, the court shall order the guardianship petition consolidated with the adoption petition, and the consolidated case shall be heard and decided in the court in which the adoption is pending.

    (i) If the proposed ward is or may be an Indian child, the petition shall state that fact.

(Amended by Stats. 2012, Ch. 845, Sec. 2. Effective January 1, 2013.)