Guardianship of Phillip B.
California Court of Appeal
188 Cal. Rptr. 781 (1983)
Warren and Patricia B. (defendants) institutionalized their son Phillip, who had Down syndrome, on medical advice, but over time became emotionally distant, rarely visiting and showing little interest in his care or education. Herbert and Patsy H. (plaintiffs), who volunteered at Phillip's residential facility, grew close to him and eventually petitioned for guardianship of his person and estate after the biological parents remained detached, resisted pursuing needed medical treatment, and believed his institutionalization meant he wasn't entitled to further development. After a 12-day trial, the court granted guardianship to the plaintiffs, including authority to consent to Phillip's medical treatment, and the biological parents appealed.
Whether a court may appoint a non-parent as guardian of a minor's person or estate without the natural parents' consent, based on the parents' detrimental absence, inactivity, and emotional distance.