INTRODUCTION TO PROBATE GUARDIANSHIP
There are several avenues for determining custody of unemancipated minor
children. These avenues include adoption, a dissolution of marriage case, a domestic
violence proceeding, a paternity action for unmarried parents, a juvenile court
dependency or delinquency action, a conservatorship action for gravely disabled minors,
or a probate guardianship.
The law governing probate guardianship is found at Probate Code §1500 et seq.
A guardianship confers the right to custody and control of the child. It suspends
the parents’ right to custody, but not their obligation to financially support the child.
WHO MAY PETITION
An adult or a minor 12 years or older may petition the court to appoint a guardian
of the person or estate or both of one or more minor children. The petitioner need only
show that a guardianship is “necessary and convenient.” A guardianship is necessary and
convenient when the parents cannot adequately care for the minor, there is an adult
willing and able to be the guardian and the minor has an established relationship with that
person. If the minor is not the petitioner, the minor, if 12 or over, must consent to the
guardianship.
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It is not necessary to demonstrate that one or both parents are unfit. In fact, if the
petitioner alleges either in the petition or during the course of the investigation that a
parent is unfit, the probate court will refer the matter to the juvenile court for a possible
dependency action. Then, the juvenile court will have precedence over the probate court.
If a parent objects, then the court has to determine that parental custody is
detrimental to the child and that the guardianship is required to serve the best interests of
the child. The petitioner should generally allege that parental custody is detrimental, but
the pleadings should not specify the facts leading to this conclusion.
The petition must be accompanied by several other forms. Refer to the checklist
on page 13 for the documents to file with the petition, as well as the other documents that
must be provided later in the process. Be sure to also check the local rules for the filing
county for any additional requirements.
A courtesy copy of all pleadings and papers must be provided to the Court
Investigation Unit.
REQUIRED NOTICE
Notice of the filing of the petition as well as notice of the hearing must be served
on relatives within the second degree, that is, parents, grandparents and siblings. The
parents must receive personal service of the petition and notice of hearing. The other
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relatives can be notified by first-class mail. Relatives 12 or over must get notice in their
own names. Notice to relatives under 12 may be sent care of the parent or guardian.
Notice must also be given to any other person with legal custody, or any person
serving as guardian of the estate of the minor.
Notice must be given at least 15 days before the hearing, or 30 days if the relative
is outside of the country.
If a person entitled to notice cannot be located with reasonable diligence, the
petitioner may ask the court to dispense with notice. Reasonable diligence include asking
friends, family, neighbors and known acquaintances; checking telephone directories or
directory assistance; searching the county clerk’s records of real or personal property;
sending a letter by regular mail to the last known address and marking the envelope
“address correction requested.” If the person is in jail, you can check with the California
Department of Correction and Rehabilitation’s online Inmate Locator at
http://inmatelocator.cdcr.ca.gov.
In guardianship of the person cases, the petitioner also has to give notice to the
local county social services agency or the Director of Social Services in Sacramento or
both. Relatives inform only the local agency. Non-relatives inform both the local agency
and the State Department of Social Services. A "relative" means a person who is a
spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister,
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uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or
"great," or the spouse of any of these persons, even after the marriage has been
terminated by death or dissolution.
In San Francisco, notice is given to:
Program Director, Permanency Program
San Francisco Human Services Agency
P.O. Box 7988
San Francisco, CA 94120-7988.
In Alameda County, notice is given to:
Child Protective Services, K-230
P.O. Box 1769
Oakland, CA 94604-1769.
The state agency is:
California Department of Social Services
Adoptions Services Bureau
744 P Street
Sacramento, CA 95814.
Check the local rules for what documents to send along with the petition and
notice of hearing.
If the child has Native American ancestry, also check the special notice provisions
of the Indian Child Welfare Act at Probate Code §1460.2.
If the proposed ward is entitled to benefits from the Veterans Administration, mail
notice to the local Office of Veterans Administration.
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If the proposed ward is a patient in or on leave from a state mental health
institution, mail notice to:
Director of Mental Health
1600 9th Street, Room 151
Sacramento, CA 95814
Director of Developmental Services
1600 9th Street
P.O. Box 94402
Sacramento, CA 94244-2020
INVESTIGATION
There will be an investigation of the social history of the proposed guardian and
ward before the court grants the petition. If the petitioner is a relative (including adopted
or step), the investigation will be performed by the court investigator. Non-relatives will
be investigated by a county agency. The report is confidential and will be available only
to parties or their attorneys.
The local social services agency will screen the proposed guardian for prior
referrals of abuse or neglect.
HEARING
There will be a hearing on the petition. The petitioner and the minor must attend
the hearing. The proposed guardian will have to watch a short video on his or her
responsibilities. If the investigation is not completed by the time of the first hearing, the
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court will continue the hearing and appoint the guardian only through the date of the
continued hearing.
Come to the hearing with a proposed order and letters.
PERIODIC STATUS REPORTS
The guardian must file annual status reports, beginning no later than one month
after the anniversary of the order appointing guardian. No court appearance is necessary
if the status report is filed before the due date.
TERMINATION OF GUARDIANSHIP
The guardianship terminates by operation of law once the minor turns 18 or dies.
Alternatively, interested persons may petition the court to have the guardianship
terminated before the minor turns 18. If there is a guardianship of the estate, the
guardianship may continue for one more year for the purposes of settling the accounts or
for any other purpose incident to the enforcement of the judgments and orders of the
court.
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TEMPORARY GUARDIANSHIP
The petitioner may ask the court to appoint a temporary guardian if there is an
emergency that cannot wait until the hearing on the general guardianship. There must be
a petition for general guardianship on file before the court will entertain a petition for
temporary guardianship.
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GUARDIANSHIP QUESTIONNAIRE
1. Guardianship of the  person or  estate or  both of _________________________
2.
Guardianship by  relative (Specify ________________________) 
non-relative
3.
Information on the child who you wish to petition for (called the “ward”)
Name of Ward
Date and place of
birth
Name, Address,
& Phone Number
of School
Grade in school
Ward’s SSN
4.
Notice of the guardianship petition must be sent to these people:
Relation
Mother
Name
Address
Father
Maternal
Grandmother
Maternal
Grandfather
Paternal
Grandmother
Paternal
Grandfather
Sibling 1
Sibling 2
Sibling 3
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Sibling 4
5. Minor's address for last five years
Dates
Fr
To
Name and relationship of
person lived with
Address
6. Information about proposed guardian
Complete Legal Name
Date of birth
Address and phone
California D.L. or ID
number
Social Security Number
Height, Weight, Eye
Color
Hair
Ethnicity
Education
Employment* address
and telephone number
# Bedrooms in house
* Amount of income not necessary, but the court wants to know how proposed guardian plans to support the
ward. See Prob. Code §12026.1g
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Sleeping arrangements
for ward**
State of health
Info on any
misdemeanor or felony
arrests; nature of
offense; date(s); county
b.
Information about co-guardian, if more than one person wishes to be
appointed guardian.
Complete Legal Name
Date of birth
Address and phone
California D.L. or ID
number
Social Security Number
Height, Weight, Eye
Color
Hair
Ethnicity
Education
Employment address
and telephone number
# Bedrooms in house
Sleeping arrangements
for ward
State of health
Info on any
misdemeanor or felony
arrests; nature of
offense; date(s); county
** Indicate whether minor will have his/her own room or will be sharing a room with another member of the
guardian's household, and if so, with whom.
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7. Information needed for all adults 18 and over who live in proposed guardian's
home
Complete Legal Name
Date of birth
California D.L. or ID
number
Social Security Number
Height, Weight, Eye
Color
Hair
Ethnicity
Relationship to
Guardian
Complete Legal Name
Date of birth
California D.L. or ID
number
Social Security Number
Height, Weight, Eye
Color
Hair
Ethnicity
Relationship to
Guardian
Complete Legal Name
Date of birth
California D.L. or ID
number
Social Security Number
Height, Weight, Eye
Color
Hair
Ethnicity
Relationship to
Guardian
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8.
9.
Does ward have any significant amount of money or other property?
 YES
 NO
Is ward entitled to veteran’s benefits?  YES
 NO
10.
Are there other court proceedings affecting ward?
 NO
11.
Is proposed guardian a licensed foster parent?
 YES
 YES
 NO
12.
How is proposed guardian related to or knows minor?
____________________________
13.
Person having legal custody is
______________________________________________
14. Has minor, proposed guardian, or other adults in the home had any police or
Child Protective Services involvement?  YES
 NO
Specify
______________________________________________________________
__
15. Is there a social worker, probation or parole officer supervising you or any
member of your household? ______________________________________________
If yes, explain the circumstances ___________________________________________
____________________________________________________________________
16.
Is minor an Indian child?  YES  NO
If yes, the Indian Child Welfare Act, Probate Code §1460.2, applies. See
that code section for additional notice requirements.
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INFORMATION FOR DECLARATION OF PROPOSED GUARDIAN
1. Need for guardianship including the specific reasons why the parents are unable to care
for the proposed ward and whether they consent to the guardianship?
2. Statement re development of ward, indicate with whom ward has resided since birth, and
any special emotional, psychological, educational, or physical needs of the ward and the
guardian's ability to provide for such needs.
3. The anticipated amount and source of any financial support of the ward.
4. Any arrest record of the guardian and each person who will reside in the guardian's
home, including the nature of the offense, date, place, and disposition.
5. Any pending proceedings in Juvenile Court involving the ward or any other persons who
will be residing in the guardian's home, including date, place, disposition.
6. Any prior contact by the ward, the guardian, and any persons who will reside in the
guardian's home with Child Protective Services or the Department of Social Services.
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CHECKLIST OF DOCUMENTS FOR
GUARDIANSHIP

Guardianship Pamphlet [GC-205]

Fee Papers:

Application for Waiver of Court Fees and Costs [FW-001]]

Order on Application for Waiver of Court Fees and Costs [FW-003]

or

Check payable to Clerk, Superior Court
Petition for Appointment of Guardian of Minor [GC-210]

Notice of Hearing [GC-020]
 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act [GC-120]

Confidential Guardian Screening Form [GC-212]
 Consent of Proposed Guardian/ Nomination of Guardian/ Waiver of Notice and
Consent [GC-211]

Proposed Guardian (file with Petition)

Mother

Father

Notice and Acknowledgment of Receipt [FL-117] or Proof of Personal Service
[GC-020(P)] on

Mother

Father
If either parent does not sign the Waiver of Notice and the current
address is known, either personal service or substitute personal service
of the Notice of Hearing and Petition must occur.

Order Dispensing with Notice [GC-021]


Order Appointing Guardian of Minor [GC-240]
Proof of Personal Service of Order Appointing Guardian of Minor

Letters of Guardianship [GC-250]

Duties of Guardian [GC-248]

Confidential Guardianship Status Report [GC-251]
FOR TEMPORARY GUARDIANSHIP

Petition for Appointment of Temporary Guardian [GC-110]

Order Appointing Temporary Guardian [GC-140]

Letters of Temporary Guardianship [GC-150]
Get blank forms online at www.courts.ca.gov/forms.htm
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