California Probate Code 1500 – Subject to Section 1502, a parent may nominate a guardian of the …
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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.
Terms Used In California Probate Code 1500
- Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. See California Probate Code 26
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
(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.
(Enacted by Stats. 1990, Ch. 79.)