Guardianship for Youth 18 to 20 Years of Age
As of July 1, 2016, the law allows a guardianship of the person to be set up or extended for youth 18 to 20 years old in order to obtain the state court findings needed for a special immigrant juvenile status application. The law permits these youth to give or withdraw consent to set up a new guardianship or extend an existing one.
To set up a new guardianship when the youth is 18 to 20 years old:
- Follow the instructions on Becoming a Guardian.
- If filling out a Petition for Appointment of Guardian of Minor (Form GC-210), do not request a guardianship of the estate. Guardianships of the estate are not allowed for youth 18 to 20 years old.
- The youth can consent to the guardianship petition by signing page 4 of the Petition for Appointment of Guardian of the Person (Form GC-210(P)) or page 3 of the Petition for Appointment of Guardian of Minor (Form GC-210).
- If the judge approves the guardianship, he or she will sign the Order Appointing Guardian or Extending Guardianship of the Person (Form GC-240) establishing the guardianship.
To extend an existing guardianship past the youth’s 18th birthday, the existing guardian, another interested person, or the youth can:
- Fill out and file a Petition to Extend Guardianship of the Person (Form GC-210(PE)).
- Make sure this is done before the youth’s 18th birthday.
- If the judge approves the extension of the guardianship, he or she will sign the Order Appointing Guardian or Extending Guardianship of the Person (Form GC-240) extending the guardianship.