A California Story About Guardianship Statutory Codes

A Cautionary Tale – with Highlights, by Silence Dogood, Jr.

WebLink: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
lawCode=PROB&sectionNum=1600.&highlight=true&keyword=1510.1

PROBATE CODE - PROB

DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE

PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. )

PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. )

CHAPTER 2. Termination [1600 - 1602] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

1600.

(a) A guardianship of the person or estate or both terminates when the ward attains
majority unless, pursuant to Section 1510.1, the ward requests the extension of, or consents
to the extension of, the guardianship of the person until the ward attains 21 years of age.

YOU CONSENT BY YOUR SILENCE FOREVER BY NOT FILING A

PETITION FOR THE REMOVAL OF THE DISABILITIES OF
MINORITY, EVEN THOUGH SOMEONE HAS TO FILE A PETITION
AFTER YOU ATTAIN THE AGE OF MAJORITY IN ORDER TO PUT
YOU UNDER A GUARDIANSHIP!!
(b) A guardianship of the person terminates upon the death of the ward, the adoption of the ward,
or upon the emancipation of the ward under Section 7002 of the Family Code.

(c) A guardianship of the estate terminates upon the death of the ward, except as provided by
Section 2467 and Article 4 (commencing with Section 2630) of Chapter 7 of Part 4, and except
as otherwise provided by law.

(Amended by Stats. 2018, Ch. 73, Sec. 1. (AB 2113) Effective January 1, 2019.)
1510.1

PROBATE CODE - PROB

DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE

PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. )

PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. )

CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats.

1990, Ch. 79. )

ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by

Stats. 1990, Ch. 79. )

1510.1

(a) A relative or other person on behalf of the minor, or the minor if 12 years of age or
older, may file a petition for the appointment of a guardian of the minor. A relative may file
a petition for the appointment of a guardian under this section regardless of the relative’s
immigration status.

(b) The petition shall request that a guardian of the person or estate of the minor, or both,
be appointed, shall specify the name and address of the proposed guardian and the name
and date of birth of the proposed ward, and shall state that the appointment is necessary or

convenient.
(c) The petition shall set forth, so far as is known to the petitioner, the names and addresses
of all of the following:

(1) The parents of the proposed ward.

(2) The person having legal custody of the proposed ward and, if that person does not have the
care of the proposed ward, the person having the care of the proposed ward.

(3) The relatives of the proposed ward within the second degree.

(4) In the case of a guardianship of the estate, the spouse of the proposed ward.

(5) Any person nominated as guardian for the proposed ward under Section 1500 or 1501.

(6) In the case of a guardianship of the person involving an Indian child, any Indian custodian
and the Indian child’s tribe.

(d) If the petitioner or proposed guardian is a professional fiduciary, as described in Section

2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6
(commencing with Section 6500) of Division 3 of the Business and Professions Code), the
petition shall include the following:

(1) The petitioner’s or proposed guardian’s proposed hourly fee schedule or another statement of
his or her proposed compensation from the estate of the proposed ward for services performed as
a guardian. The petitioner’s or proposed guardian’s provision of a proposed hourly fee schedule
or another statement of his or her proposed compensation, as required by this paragraph, shall
not preclude a court from later reducing the petitioner’s or proposed guardian’s fees or other
compensation.

(2) Unless a petition for appointment of a temporary guardian that contains the statements
required by this paragraph is filed together with a petition for appointment of a guardian, both of
the following:

(A) A statement of the petitioner’s or proposed guardian’s license information.

(B) A statement explaining who engaged the petitioner or proposed guardian or how the
petitioner or proposed guardian was engaged to file the petition for appointment of a guardian or
to agree to accept the appointment as guardian and what prior relationship the petitioner or
proposed guardian had with the proposed ward or the proposed ward’s family or friends.

(e) If the proposed ward is a patient in or on leave of absence from a state institution under the
jurisdiction of the State Department of State Hospitals or the State Department of Developmental
Services and that fact is known to the petitioner or proposed guardian, the petition shall state that
fact and name the institution.

(f) The petition shall state, so far as is known to the petitioner or proposed guardian, whether or
not the proposed ward is receiving or is entitled to receive benefits from the Veterans
Administration and the estimated amount of the monthly benefit payable by the Veterans
Administration for the proposed ward.

(g) If the petitioner or proposed guardian has knowledge of any pending adoption, juvenile court,
marriage dissolution, domestic relations, custody, or other similar proceeding affecting the
proposed ward, the petition shall disclose the pending proceeding.

(h) If the petitioners or proposed guardians have accepted or intend to accept physical care or
custody of the child with intent to adopt, whether formed at the time of placement or formed
subsequent to placement, the petitioners or proposed guardians shall so state in the guardianship
petition, whether or not an adoption petition has been filed.

(i) If the proposed ward is or becomes the subject of an adoption petition, the court shall order
the guardianship petition consolidated with the adoption petition, and the consolidated case shall
be heard and decided in the court in which the adoption is pending.
(j) If the proposed ward is or may be an Indian child, the petition shall state that fact.

(Amended by Stats. 2013, Ch. 248, Sec. 1. (AB 1339) Effective January 1, 2014.)

Family Code Section 7002

FAMILY CODE - FAM

DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec.
10. )

PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats.

1992, Ch. 162, Sec. 10. )

CHAPTER 1. General Provisions [7000 - 7002] ( Chapter 1 enacted by Stats. 1992, Ch.
162, Sec. 10. )

7002.

A person under the age of 18 years is an emancipated minor if any of the following conditions is
satisfied:

(a) The person has entered into a valid marriage, or has established a valid domestic
partnership, regardless of whether the marriage or the domestic partnership has been dissolved.

(b) The person is on active duty with the Armed Forces of the United States.

(c) The person has received a declaration of emancipation pursuant to Section 7122.

(Amended by Stats. 2018, Ch. 660, Sec. 9. (SB 273) Effective January 1, 2019.)

FAMILY CODE - FAM

DIVISION 11. MINORS [6500 - 7143]
  ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  
PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143]
  ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  
CHAPTER 3. Court Declaration of Emancipation [7110 - 7143]
  ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  

ARTICLE 2. Procedure for Declaration [7120 - 7123]

  ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

  
7122.  
(a) The court shall sustain the petition if it finds that the minor is a person
described by Section 7120 and that emancipation would not be contrary to the
minor’s best interest.
(b) If the petition is sustained, the court shall forthwith issue a declaration of
emancipation, which shall be filed by the clerk of the court.
(c) A declaration is conclusive evidence that the minor is emancipated.
(Amended by Stats. 2002, Ch. 784, Sec. 107. Effective January 1, 2003.)

FAMILY CODE - FAM

DIVISION 11. MINORS [6500 - 7143]
  ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  
PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143]
  ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  
CHAPTER 3. Court Declaration of Emancipation [7110 - 7143]
  ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  

ARTICLE 2. Procedure for Declaration [7120 - 7123]

  ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

  
7120.  
(a) A minor may petition the superior court of the county in which the
minor resides or is temporarily domiciled for a declaration of emancipation.

(b) The petition shall set forth with specificity All of the following facts:
(1) The minor is at least 14 years of age.

(2) The minor willingly lives separate and apart from the minor’s parents or
guardian with the consent or acquiescence of the minor’s parents or guardian.

(3) The minor is managing their own financial affairs. As evidence of

this, the minor shall complete and attach a declaration of
income and expenses as provided in Judicial Council form
FL-150.
(4) The source of the minor’s income is not derived from any activity declared to
be a crime by the laws of this state or the laws of the United States.

(Amended by Stats. 2019, Ch. 115, Sec. 79. (AB 1817) Effective January 1, 2020.)
FAMILY CODE - FAM
DIVISION 11. MINORS [6500 - 7143]
  ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  
PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143]
  ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  
CHAPTER 3. Court Declaration of Emancipation [7110 - 7143]
  ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  

ARTICLE 2. Procedure for Declaration [7120 - 7123]

  ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

  
7123.  
(a) If the petition is denied, the minor has a right to file a
petition for a writ of mandate.
(b) If the petition is sustained, the parents or guardian have a right to file a
petition for a writ of mandate if they have appeared in the proceeding and opposed
the granting of the petition.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

The Way I Deciphered All This Crap – Was To Piece This

Crap All Together – What The Reader Is About To
Experience Is The Highest Level Of Skilled Scheming Ever
Displayed By The Elected Officials Of The California
Legislature, Which Are Nothing More Than A Bunch Of
Paid-Off Corporate SHYSTERS Who Sold The People Out!
See the chicanery, as they laid it out in the Law, for yourselves:

1. First, we have to sift through all this State and federal Code to find the true
definition of a minor, and in 31 CFR § 363.6, which conveniently applies to
all fifty (50) States and Territories within the U.S., we find the true
definition of a minor, to wit:
 “Minor means an individual under the age of 18 years.
The term minor is also used to refer to an individual who
has attained the age of 18 years but has not yet taken
control of the securities contained in his or her minor
account.”
2. At 31 CFR § 363.6, promulgated from Title 31 - the “Banking and
Finance” statutes! That’s pretty convenient for ALL State Legislatures,
seeing as how we all have been forced by them to live in a Sea of
Commerce with money of account that isn’t even worth the paper it has
been printed on! Remember, this is only the beginning…
3. The legal age of emancipation is 18 in most States, including this one.
Emancipation is also known as attaining the Age of Majority, or as I
like to call it, “the removal of disabilities of minority.” That’s what the
“majority” of us have been led to believe anyway. Let’s take a closer
look at the California Code to see if we can figure out what they did to
us with all that word salad above.
4. Remember, “Ignorance of the Law is No Excuse”. Said another way,
“We are All Deemed to Know the Law.” And if you don’t know the
Law, much less understand it, then that means that you are at a distinct
disadvantage when it comes to Corporate SHYSTER Attorneys, and
Legislative Corporate SHYSTERS, who are mostly Attorneys, except
for the occasional elected ex-bartenders!
5. For the purposes of this reveal, and in real life, a Guardian is a “Judge”,
or at least a clerk masquerading as a “Judge.” Sometimes they’re called
a Commissioner, and other times they’re called Administrative Law
Judges, or ALJs. These Corporate SHYSTERS are ALL Attorneys,
and they ALL are government Officers, and they ALL represent the
State, and the State is the ultimate Guardian – cause that’s where your
Birth Certificate got registered, and while a name that looks
suspiciously like yours is on it, since they registered it – they actually
own it!
6. Okay, so we’re ALL wards until we emancipate, then we become
adults. In fact, the only rights we have up until we attain the Age of
Majority are the ones our parents give us. A ward is several different
things by Law. It means you’re a child, a minor, or a lunatic. But it
mainly means, for the purpose of this discussion, legally incompetent!
7. How do they keep ALL of us legally incompetent? Hold onto your tiki
torches, pitchforks, and heavy-duty rope!
8. First, we have to take a real close look at CA Probate Code 1600 (a),
regarding the termination of guardianship, to wit:
 (a) A guardianship of the person or estate or both terminates when the
ward attains majority unless, pursuant to Section 1510.1, the ward
requests the extension of, or consents to the extension of, the
guardianship of the person until the ward attains 21 years of age.

Note: Read the highlighted part over and over again – till it really sinks in!!

9. Now we look at the other sectioned mentioned, Section 1510.1 (a) and (b),
which deals with the establishment and/or appointment of guardianship
generally, reads in part:

(a) A relative or other person on behalf of the minor, or the minor if 12

years of age or older, may file a petition for the appointment of a guardian
of the minor. A relative may file a petition for the appointment of a guardian
under this section regardless of the relative’s immigration status.

(b) The petition shall request that a guardian of the person or estate of the
minor, or both, be appointed, shall specify the name and address of the
proposed guardian and the name and date of birth of the proposed ward,

and shall state that the appointment is necessary or convenient.

Note1: Who might this “other person” in (a) be? Can it be anybody?? Can
it be a Corporate SHYSTER also??? And, I’m I still deemed a minor if I’m
12 years old - or older? You bet, according to the way this Code reads!!!

Note2: So apparently, they have to file their own petition (in b) on the
proposed ward, and do so out of pure convenience! Folks, you can’t make
this stuff up lol

10. But, what if I’m married, you might ask. Great question; let’s see!
Over in the FAMILY CODE, dealing with the General Provisions of
what they call the EMANCIPATION OF MINORS LAW at FAM §
7002, it states:
A person under the age of 18 years is an emancipated minor if any of the
following conditions is satisfied:

(a) The person has entered into a valid marriage…(the rest of this crap
don’t matter).
Note: Hard to say really, unless you go back over and visit the PROBATE
CODE, specifically at PROB § 1510.1 (c)(4) and (5), dealing with the
 establishment and/or appointment of guardianship generally, reads just like
this:
(b) The petition shall set forth, so far as is known to the petitioner, the
names and addresses of all of the following:

BLAH-1, BLAH-2, BLAH-3…

(4) In the case of a guardianship of the estate, the spouse of the proposed
ward.

(5) Any person nominated as guardian for the proposed ward under Section
1500 or 1501.

Note: Hopefully, you can plainly see by now, that if you are “12 years old or
older” in the PROBATE CODE, and deemed to be “an emancipated
minor” over in the FAMILY CODE, that you are STILL a proposed ward
when you put these 2 sections of Code together!!! You can’t win for losing
in this word salad, can you?!!

11.Now, here’s another thing you should be aware of – there are 2 types of
guardianship (as if one type wasn’t enough), and they are:
A. A Guardian over the person (see PROB § 1510.1 (c)(5), supra; and
B. A Guardian over the estate, aka your property. (see PROB § 1510.1
(c)(4).
12.There are also 2 types of Courts where you can run into a Guardian,
and they are:
C. A Court of Law (statutes, Codes, regulations, rules, etc.); and
D. A Court of Equity (God’s Law, natural law, common law, clean
hands, honesty, good conscious, etc.)!

So, you may be asking yourself by now, how the heck does an involuntary
debt slave exit this new form of Egypt? Well, with every wrong, there must
be a remedy…at least in a Court of Equity anyways!

13.The REMEDY lies at FAMILY CODE § 7122, and the remedy is

called a “Court Declaration of Emancipation”! It reads:
(a) The court shall sustain the petition if it finds that the minor is a
person described by Section 7120 and that emancipation would not
be contrary to the minor’s best interest.
 (b) If the petition is sustained, the court shall forthwith issue a
declaration of emancipation, which shall be filed by the clerk of the
court.

(c) A
declaration is conclusive evidence that the
minor is emancipated.
Note: Hallalujah!

14.I can hear your wheels turning now, “Well what if they DENY me
the remedy – even if I’m standing in a Court of Equity?” Great
question…and prudent also! Back in the FAMILY CODE AT §
7123, you have one last opportunity at the State level prior heading
over to federal district Court with a federal question (regarding
items such as “corruption of blood”, bills of attainder, and equal
protection of the Law under the 14th amendment, breach of
fiduciary duties, etc., et al.). You need to go to the Appellate Court
and file another petition for a writ of mandate, which reads just like
this:

(a) If the petition is denied, the minor has a

right to file a petition for a writ of mandate.
(b) If the petition is sustained, the parents or guardian have
a right to file a petition for a writ of mandate if they have
appeared in the proceeding and opposed the granting of the
petition.
And here endeth the lesson!
I know that was probably gut-wrenching for you to read, and try to
comprehend, but now you know the truth of the matter. For me, I
cannot help but think to myself, if these elected rat bastards can come
up with crap like this, and have enough time to sit around to figure
out how they’re going to screw us all that much harder in the future,
then maybe we should all get together and make a unanimous
decision to get rid of all the Codes, rules, regulations, ordinances,
executive orders, mandates…hell, you name it…and then round up
ALL the State Bar ASSociation Attorneys (Legislators from all 50
states included), in every State in this Union, then sit them ALL on
Laguna Beach with a bunch of kayaks lining the beach in front of
them, with a bunch of 2nd amendment, God-fearing People behind
them…and give each them a choice.
Something along the lines of:
“We The People have two lots of news for you Corporate
SHYSTERS…some good and some bad…We have pooled what’s left
in the U.S. Treasury and purchased all of these fine kayaks for you,
mainly because we could no longer afford gasoline because of you,
and we’re decent folks so we’ll give you a choice – In my left hand
I’ve got an oar and a canteen full of water, and in my right hand I’ve
got a rope; you can paddle your asses back to England where you
belong, or you can stay behind and deal with the rope – It’s your call,
but we don’t have all day!”

Authored By:

Silence Dogood, Jr., Patriot