Current through the 2024 Legislative Session.
Section 1510.1 - [Effective 1/1/2025] Guardian for person 18 but not yet 21(a)(1) With the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a petition to make the necessary findings regarding special immigrant juvenile status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure. The court may appoint a parent as the guardian of the person of their unmarried child who is 18 years of age or older, but who has not yet attained 21 years of age.(2) A petition for guardianship of the person of a proposed ward who is 18 years of age or older, but who has not yet attained 21 years of age, may be filed by a parent, relative, or any other person on behalf of the proposed ward, or the proposed ward.(b)(1) At the request of, or with the consent of, the ward, the court may extend an existing guardianship of the person for a ward past 18 years of age, for purposes of allowing the ward to complete the application process with the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.(2) A relative or any other person on behalf of a ward, or the ward, may file a petition to extend the guardianship of the person for a period of time not to extend beyond the ward reaching 21 years of age.(c) This section does not authorize the guardian to abrogate any of the rights that a person who has attained 18 years of age may have as an adult under state law, including, but not limited to, decisions regarding the ward's medical treatment, education, or residence, without the ward's express consent.(d) For purposes of this division, the terms "child," "minor," and "ward" include an unmarried individual who is younger than 21 years of age and who, pursuant to this section, consents to the appointment of a guardian or extension of a guardianship after they attain 18 years of age.(e) The Judicial Council shall, by July 1, 2016, adopt any rules and forms needed to implement this section.Amended by Stats 2024 ch 955 (AB 2224),s 2, eff. 1/1/2025.Amended by Stats 2018 ch 209 (AB 2090),s 1, eff. 1/1/2019.Amended by Stats 2016 ch 86 (SB 1171),s 245, eff. 1/1/2017.Added by Stats 2015 ch 694 (AB 900),s 3, eff. 1/1/2016.This section is set out more than once due to postponed, multiple, or conflicting amendments.