My question involves a child custody case from the State of: CA. I teach 2nd grade. My student's mother died this summer (they lived in Arizona) and she is now living with her sister in CA (there is no father in the picture). The child is very low academically, but at a Student Study Team meeting, it was determined that no decisions can be made because the sister is only a temporary guardian until she is granted full guardianship in November. Meanwhile, this child isn't getting the support she needs because school officials are calling her a ward of the state and saying no one can make decisions for her. Clearly, she needs an advocate and her young sister (22 years old with 3 children of her own) is overwhelmed. She is working on getting guardianship, but what sort of decisions is she legally allowed to make for her younger sister now? Also, what sort of special assistance might the 2nd grader qualify for as an orphan and a ward of the state? Can her sister, as a temporary guardian, sign legal documents requesting testing for her younger sister (like for Special Ed Services)? Are our hands really tied until November 15, when the sister goes to court to get guardianship? This student is 8 years old and cannot read anything. If the older sister cannot make decisions or sign legal documents at this time, then who can? There was no will of any kind left when her mother died. There are no other relatives fighting for, or capable of, providing custody. I'd love to help this little girl.
Thank you for your help.
Thank you for your help.
Interstate Issues: What Rights Does a Temporary Guardian Have in California
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