Family Guardianship Assistance Payment (KIN-GAP) Kin-GAP provides cash help and Medi-Cal benefits to eligible children. Family payments are income for the child, not the caregiver. Probate guardians who are family members can apply for Cal-Works and Medi-Cal. Unrelated guardians can request foster care payments only from the state and Medi-Cal.
The request is made at the local county Health and Human Services eligibility office. As the guardian of the estate, you will have other restrictions on your authority to deal with the assets of the estate. Without a prior court order, you can't pay fees to either you or your lawyer. You can't make a donation of assets to anyone.
You can't borrow money from the inheritance. You cannot use estate funds to purchase real estate without a prior court order. The guardianship checking account checkbook is your indispensable tool for keeping track of income and expenses. You may be asked to return to court 90 days after your appointment as guardian of the estate, to ensure that you have correctly filed the inventory and appraisal.
The probate court may appoint a guardian of the person for a child when no parent is available to meet the child's needs due to the parent's death, disability, abandonment, military obligations, or other reasons. If you decide that a child needs a probate guardianship, the first step in the process of establishing guardianship is to fill out and file the petition and other required documents with the court clerk. Any information provided cannot be construed as providing legal advice to any person on a particular legal matter and should not be relied upon as a basis for taking a particular action or refraining from taking a particular action in any legal matter. Letters of Guardianship is a legal document that provides proof that you have been appointed and that you are acting as a guardian of a minor.
If the court grants permission, California law requires that you establish legal guardianship in the state where the child will live. The guardian of the estate is required to manage the child's funds, collect and inventory the assets, maintain accurate financial records, and regularly file financial accounts with the court. A guardian cannot involuntarily place a child in a mental health treatment center under probate guardianship. The guardian must notify the court in writing of any change in the minor's or guardian's address.
If none of these events have occurred, the child, parent, or guardian can ask the court to terminate the guardianship. Guardians can be appointed for many reasons that do not involve the contested removal of a child from their parental home. Determine the value of the property: As the guardian of the estate, you must make arrangements for a court-appointed arbitrator to determine the value of the property of the estate, unless the court waives the appointment. A family caregiver should be informed about the option to stay for legal guardianship and adoption, regardless of immigration status.
A petition for testamentary guardianship can be filed by “a family member or other person on behalf of the minor, or the minor if he is 12 years of age or older.
