What is the test for a probate court to appoint a guardian of a minor, pursuant to a guardianship petition?

California, United States of America

The following excerpt is from Guardianship J.A. v. D.N., D068401 (Cal. App. 2017):

Where dependency jurisdiction has not been asserted, probate court guardianships can provide an alternative placement scheme for children who cannot safely remain with their parents. (Guardianship of Ann S. (2009) 45 Cal.4th 1110, 1122.) Section 1514, subdivision (a) allows the probate court to appoint a guardian of the person of a minor, pursuant to a guardianship petition, "if it appears necessary or convenient." (Guardianship of Kaylee J. (1997) 55 Cal.App.4th 1425, 1430.) When appointing a guardian, the court is to be guided by " 'the best interest of the child with respect to its temporal and its mental and moral welfare.' " (Suleman v. Superior Court (2010) 180 Cal.App.4th 1287, 1295-1296 [significant procedural differences exist between probate guardianships and dependency proceedings].) Under section 1516.5, subdivision (a), guardianship proceedings can lead to adoption after the child has been in the custody of the guardian for at least two years, where other criteria are satisfied.

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