SECTIONS 1540-1543 - California Statutes

PROBATE CODE

SECTION 1540-1543

1540. This article does not apply in any of the following cases:
(a) Where the petition is for guardianship of the estate
exclusively.
(b) Where the proposed guardian is a relative of the proposed
ward.
(c) Where the Director of Developmental Services is appointed
guardian pursuant to Article 7.5 (commencing with Section 416) of
Chapter 2 of Part 1 of Division 1 of the Health and Safety Code.
(d) Where the director of the department designated by the board
of supervisors to provide social services is appointed guardian.
(e) Where the public guardian is appointed guardian.
(f) Where the guardianship results from a permanency plan for a
dependent child pursuant to Section 366.25 of the Welfare and
Institutions Code.

1541. In addition to the other required contents of the petition
for appointment of a guardian, the petition shall include both of the
following:
(a) A statement by the proposed guardian that, upon request by an
agency referred to in Section 1543 for information relating to the
investigation referred to in that section, the proposed guardian will
promptly submit the information required.
(b) A disclosure of any petition for adoption by the proposed
guardian of the minor who is the subject of the guardianship petition
regardless of when or where filed.
(c) A statement whether or not the home of the proposed guardian
is licensed as a foster family home.

1542. In each case involving a petition for guardianship of the
person, the petitioner shall mail a notice of the hearing and a copy
of the petition, at least 15 days prior to the hearing, to the
Director of Social Services at the director's office in Sacramento
and to the local agency designated by the board of supervisors to
investigate guardianships for the court.

1543. (a) If the petition as filed or as amended states that an
adoption petition has been filed, a report with respect to the
suitability of the proposed guardian for guardianship shall be filed
with the court by the agency investigating the adoption. In other
cases, the local agency designated by the board of supervisors to
provide public social services shall file a report with the court
with respect to the proposed guardian of the same character required
to be made with regard to an applicant for foster family home
licensure.
(b) The report filed with the court pursuant to this section is
confidential. The report may be considered by the court and shall be
made available only to the persons who have been served in the
proceeding and the persons who have appeared in the proceeding or
their attorneys. The report may be received in evidence upon
stipulation of counsel for all such persons who are present at the
hearing or, if such person is present at the hearing but is not
represented by counsel, upon consent of such person.