State statute
San Diego — Guardianship of the Person Packet PKT-012 (Rev: 5/26)
California foreclosure, tax-defaulted, court-ordered and probate-sale law and official procedures — verbatim and citable.
- Edition
- 2026-09-26
- Last updated
- 2026-09-27
- Jurisdiction
- San Diego County
San Diego — Guardianship of the Person Packet PKT-012 (Rev: 5/26)¶
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO
GUARDIANSHIP OF THE PERSON PACKET
FORMS INCLUDED IN THIS PACKET
General Information for Self-Represented Litigants (Guardianship of the Person) SDSC Form #PR-067
Instructions to Proposed Guardians Re: Guardianship Investigations SDSC Form #PR-061
Information Sheet on Indian Child Inquiry Attachments and Notice of Child Custody Proceeding for Indian Judicial Council Form #ICWA-005-INFO Child Petition for Appointment of Guardian of the Person Judicial Council Form #GC-210(P)
Guardianship Petition – Child Information Attachment Judicial Council Form #GC-210(CA)
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Judicial Council Form #FL-105/GC-120
Confidential Guardianship Screening Form Judicial Council Form #GC-212
Duties of Guardian and Acknowledgment of Receipt Judicial Council Form #GC-248
Order Directing or Waiving Investigation SDSC Form #PR-063 Consent of Proposed Guardian, Nomination of Guardian and Consent to Appointment of Guardian and Judicial Council Form #GC-211 Waiver of Notice Comparison of Guardians With Other Nonparent Caregivers Judicial Council Form #GC-207-INFO/JV-352-INFO
Proof of Personal Service (Guardianship) SDSC Form #PR-086
Notice of Hearing – Guardianship or Conservatorship Judicial Council Form #GC-020
Order Appointing Guardian of Minor or Extending Guardianship of the Person Judicial Council Form #GC-240
Letters of Guardianship Judicial Council Form #GC-250
Petition for Appointment of Temporary Guardian of the Person Judicial Council Form #GC-110(P)
Order Appointing Temporary Guardian Judicial Council Form #GC-140
Letters of Temporary Guardianship or Conservatorship Judicial Council Form #GC-150
Guardianship Questionnaire SDSC Form #FCS-045
PKT-012 (Rev. 5/26)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS (GUARDIANSHIP OF THE PERSON)
This document includes general information about the process for becoming a guardian of a child (under 18) in San Diego County. It is not legal advice. You are responsible for following all laws, using current forms, and being ready to present your case. All forms can be found on the Superior Court’s website at www.sdcourt.ca.gov and the Judicial Council’s website at www.courts.ca.gov/forms.
What Is Guardianship of the Person? Guardianship of the Person: A judge gives someone who is not the parent, physical and legal custody of a child, and the right to make decisions about the child’s care, schooling, and medical needs. It generally lasts until the child turns 18, or further court order.
If there is already a Juvenile or Family Court case about the child, the Probate Court usually cannot grant guardianship. Check with the Child and Family Well-Being Department (CFWB) or review Child Custody and Guardianship Matters | Juvenile, Family, and Probate Courts - Policy (SDSC Form #ADM-411) to determine next steps.
Filing for Guardianship of the Person You must complete and submit the following: • Petition for Appointment of Guardian of the Person (JC Form #GC-210(P)). • Guardianship Petition—Child Information Attachment (JC Form #GC-210(CA)). • Indian Child Inquiry Attachment (JC Form #ICWA-010(A). • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (JC Form #GC-120). • Confidential Guardianship Screening Form (JC Form #GC-212). • Duties of Guardian and Acknowledgment of Receipt (JC Form #GC-248). • Order Directing or Waiving Investigation (SDSC Form #PR-063).
Documents may be submitted electronically, in person, or by mail. • Electronically: See Electronic Filing Requirements (Probate) (SDSC Form #PR-188). • In person/mail: Submit the original and one copy to the Probate Business Office, Room 330, 1100 Union Street, San Diego, CA 92101.
Fees & Fee Waivers Filing and investigation fees are required. See the court’s Fee Schedule (SDSC Form #ADM-001).
If you cannot afford the fees, you can request a fee waiver using the Fee Waiver Packet – Guardianships and Conservatorships (SDSC PKT #041).
Notice of Hearing (Service) Personal Service (hand delivery by someone else) required to: • Parents (or legal custodian/guardian of the estate). • The child, if 12 years of age or older.
Service by Mail (by someone else) required to: • Grandparents (maternal and paternal). • Siblings 12 years of age or older (including half-siblings). • Parent, custodian, or guardian of siblings under the age of 12 (including half-siblings). • Anyone caring for the child (other than the legal custodian). • Other adults living in the home with the child.
SDSC PR-067 (Rev. 5/26) GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS Page 1 of 2 Informational Form (GUARDIANSHIP OF THE PERSON)
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Notice must be given using the Notice of Hearing—Guardianship or Conservatorship (JC Form #GC-020) and served together with a copy of the petition. Proof of service must be filed with a copy of Notice of Hearing-Guardianship or Conservatorship (JC Form #GC-020) attached. See What Is “Proof of Service” in a Guardianship (JC Form #GC-510) for additional information.
If someone wants to waive notice, they can sign a Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian, and Waiver of Notice (JC Form #GC-211). Signed forms must be filed before the hearing.
If a person to serve cannot be located, you must complete and file a Declaration of Diligent Search and Request to Dispense with Notice (SDSC Form #PR-182).
Before the Hearing Unless waived, an investigation must be conducted and a report filed (see Instruction to Proposed Guardians re: Guardianship Investigations [SDSC Form #PR-061]).
A probate examiner will review the case and note any deficiencies in the Probate Notes. Probate Notes are available online at www.sdcourt.ca.gov, about two weeks before the hearing. Defects can be cleared by filing a Response to Probate Notes (SDSC Form #PR-177) or any other form specified in the notes.
The proposed Order Appointing Guardian of Minor or Extending Guardianship of the Person (JC Form #GC-240) and Letters of Guardianship (JC Form #GC-250) should also be submitted.
NOTE: All documents must be submitted at least four days before the hearing date.
Temporary Guardianship If there is an immediate need, you may request a temporary guardian. Additional forms are required, including: • Petition for Appointment of Temporary Guardian (JC Form #GC-110). • Order Appointing Temporary Guardian (JC Form #GC-140). • Letters of Temporary Guardianship (JC Form #GC-150).
Notice must be personally served, along with a copy of the petition, on the child if 12 or older, parents, and anyone else with a valid custody order, if applicable, at least five court days before the hearing.
After the Hearing Once approved, orders and letters will be issued and copies returned by mail or email.
If you move within California, you must file a Notice of Change of Address or Other Contact Information (JC Form #MC- 040). If you plan to move out of California, you must file a Petition to Fix Residence Outside the State of California (JC Form #GC-085).
Do I Need a Lawyer? A lawyer is not required, but recommended if: • The child owns or may inherit property. • A parent or relative objects, or other legal proceedings are pending (e.g., adoption, custody, juvenile). • The child is Native American or applying for Special Immigrant Juvenile Findings
Self-Help & Legal Resources • California Self-Help Guide: www.selfhelp.courts.ca.gov • Guardianship Assistance Program: (619) 844-2869, www.sdcourt.ca.gov • San Diego Volunteer Lawyer Program: (619) 235-5656 ext. 113, www.sdvlp.org • Lawyer Referral Service: (619) 231-8585, www.sdcba.org • Military Legal Offices: o Camp Pendleton: (760) 725-6558 o North Island: (619) 545-6437 SDSC PR-067 (Rev. 5/26) GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS Page 2 of 2 Informational Form (GUARDIANSHIP OF THE PERSON)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
INSTRUCTIONS TO PROPOSED GUARDIANS RE: GUARDIANSHIP INVESTIGATIONS
Prob. Code §1513 requires that, unless waived by the court, in each proposed appointment of guardian, an investigation must be made and a report submitted to the court. Investigations will be conducted by Family Court Services (FCS), County of San Diego Health and Human Services Agency (HHSA), or a Court Investigator (CI) as follows:
Guardianship of: Proposed Guardian: Agency:
A. Person or Person/Estate Relative FCS
B. Person or Person/Estate Non-Relative HHSA
C. Estate Only Relative or Non-Relative CI
D. Estate Only – Waiver Requested Relative or Non-Relative
“Relative” is defined in Prob. Code § 1513(g) as a person who is a spouse, parent, step-parent, brother, sister, step-brother, step- sister, half-brother, half-sister, 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.
AFTER FILING A PETITION FOR APPOINTMENT OF GUARDIAN, FOLLOW PROCEDURES BELOW FOR CORRE- SPONDING ITEMS ABOVE: A. RELATIVE GUARDIAN - PERSON OR PERSON/ESTATE
- If item 1a or 1b(1) is completed on the Order Directing or Waiving Investigation (SDSC Form #PR-063), proceed to the
FCS office located at 1100 Union Street, 4th floor, to make an appointment. Appointments will only be made in person. Bring conformed copies of the following documents with you: Petition for Appointment of Guardian of the Person (JC Form #GC-210) Order Directing or Waiving Investigation (SDSC Form #PR-063) Confidential Guardian Screening Form (JC Form #GC-212) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (JC Form #FL-105/GC-120) You must also complete a Guardianship Questionnaire (SDSC Form #FCS-045) and submit it to FCS when your appointment is made.
- If item 1b(2) is completed on the Order Directing or Waiving Investigation (SDSC Form #PR-063), no investigation is
required.
B. NON-RELATIVE GUARDIAN - PERSON OR PERSON/ESTATE
- If item 2a is completed on the Order Directing or Waiving Investigation (SDSC Form #PR-063), mail conformed copies of
the following forms to: Health and Human Services Agency Guardianship Unit, 8911 Balboa Ave., San Diego, CA 92123. Petition for Appointment of Guardian of the Person (JC Form #GC-210) Order Directing or Waiving Investigation (SDSC Form #PR-063) Confidential Guardian Screening Form (JC Form #GC-212) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (JC Form #FL-105/GC-120) HHSA will mail a packet of materials to complete and return prior to the investigation. For more information, contact HHSA at (858) 650-5712.
- If item 2b is completed on the Order Directing or Waiving Investigation (SDSC Form #PR-063), no investigation is required.
C. RELATIVE OR NON-RELATIVE GUARDIAN - ESTATE ONLY
- If item 3 is completed on the Order Directing or Waiving Investigation (SDSC Form #PR-063) a Court Investigator will contact you prior to the hearing. D. RELATIVE OR NON-RELATIVE GUARDIAN - ESTATE ONLY - WAIVER REQUESTED
- Submit an Ex Parte Coversheet (SDSC Form #PR-136), Application for Waiver of Investigation (SDSC Form #PR-062), and Order Directing or Waiving Investigation (SDSC Form #PR-063) to the Probate Business Office. Complete only the caption of the Order Directing or Waiving Investigation (SDSC Form #PR-063). The court will check the appropriate box after the application has been ruled on.
- If the waiver is denied, a Court Investigator will contact you prior to the hearing.
SDSC PR-061 (Rev. 12/19) INSTRUCTIONS TO PROPOSED GUARDIANS Prob. Code §1513 Informational Form RE: GUARDIANSHIP INVESTIGATIONS
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ICWA-005-INFO
INFORMATION SHEET ON INDIAN CHILD INQUIRY ATTACHMENT AND NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD
This is an information sheet to help you fill out form ICWA-010(A), Indian Child Inquiry Attachment, and form ICWA-030, Notice of Child Custody Proceeding for Indian Child.
Form ICWA-010(A), Indian Child Inquiry Attachment
You are responsible for helping to find out whether the child is or may be an Indian child and filling out the information requested on ICWA-010(A), Indian Child Inquiry Attachment. This is important because if the child is or may be an Indian child, specific steps must be taken to gather family background information, contact the child's tribe, and prevent the breakup of the child's Indian family and to obtain for the child resources and services that are culturally specific to the child's family. The court will check to make sure that the child receives these resources and services.
Tips on how to fill out form ICWA-010(A), Indian Child Inquiry Attachment
Try to find contact information for the child’s parents, the child's Indian custodian (if the child is living with an Indian person other than a parent) or other legal guardian, the child's grandparents and great-grandparents, and other available family members.
Contact the child's parents, the child's Indian custodian or any other legal guardians, available extended family members, and any other persons known to have an interest in the child and ask them (and the child, if old enough) these questions: a. Do they think the child might be a member or citizen of a tribe or eligible for tribal membership or citizenship, and if they think the child might be, then which tribe or tribes? b. Are the parents or other members of the extended family members or citizens of a tribe, and if they think they might be, which tribe or tribes? c. Does the child, or do the child’s parents or Indian custodian, if any, live in Indian country, including a reservation, rancheria, Alaska Native village, or other tribal trust land? d. Does the child or any of the child’s relatives receive services or benefits from a tribe, and if yes, which tribe? e. Does the child or any of the child’s relatives receive services or benefits available to Indians from the federal government? f. Do they have any other information indicating the child is an Indian child?
If you are in touch with any of the child’s relatives or extended family members at any time, ask them the same questions and let the court know whom you have asked and what they said.
The court clerk’s office cannot file your petition unless you have filled out form ICWA-010(A), Indian Child Inquiry Attachment, and attached it to the petition. This requirement does not apply to a petition for appointment of a guardian of the estate only.
After you take the steps described above, if you have reason to believe that the child is an Indian child, you must gather as much family background information as you can and contact the tribe or tribes that may have a connection with the child about your court case. You have reason to believe the child is an Indian child if any of the people you talk to answers "Yes" to any of your questions. Tribes that learn about the case can investigate and advise you and the court whether the child is a tribal member or citizen or eligible to become a tribal member or citizen, and can then decide whether to get involved in the case or assume tribal jurisdiction. Your contacts with the tribe or tribes should include: (1) Contacting the tribe's designated agent for service of notice under the Indian Child Welfare Act, which is published in the Federal Register, by telephone, facsimile, or email; and (2) Sharing with the tribe or tribes any information identified by the tribe as necessary for the tribe to make a determination about the child's tribal membership or citizenship or eligibility for membership or citizenship, as well as information on the current status of the child and the case.
Form ICWA-030, Notice of Child Custody Proceeding for Indian Child
Following your inquiry about the child's Indian status and contacts with the child's tribe or tribes, if at any time you know or have reason to know the child is an Indian child, you must provide formal notice on form ICWA-030, Notice of Child Custody Proceeding for Indian Child.
Some tips to help you figure out if you have a reason to know the child is an Indian child
You have reason to know:
If the child, an Indian tribe, an Indian organization, an attorney, a public or private agency, a member of the child’s extended family or any other person having an interest in the child says the child is an Indian child or provides information to anyone involved in the case suggesting that the child is an Indian child;
If the child, the child’s parents, or an Indian custodian live on a reservation or rancheria or in an Alaskan Native village; (continued on next page)
Judicial Council of California, courts.ca.gov Rev. January 1, 2026, Optional Form Information Sheet on Indian Child ICWA-005-INFO, Page 1 of 2 Welf. & Inst. Code, §§ 224.2, 224.3; Inquiry Attachment and Notice of ChildCal. Rules of Court, rule 5.481 Custody Proceeding for Indian Child
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ICWA-005-INFO
You have reason to know (continued):
If the child is or has been a ward of the tribal court; or
If the child's parent(s) have an identification card indicating membership or citizenship in an Indian tribe.
These are just a few of the facts that would give you reason to know that a child is an Indian child. There may also be other information that would give you reason to know that the child is an Indian child.
Who do you need to notify? If you know or have reason to know that the child is an Indian child, you must send the Notice to the following:
Child’s parents or other legal guardian, including adoptive parents;
Child’s Indian custodian (if the child is living with an Indian person who has legal custody of the child under tribal law or custom, under state law, or if the parent asked that person to take care of the child);
Child’s tribe or tribes; and
Sacramento Area Director, Bureau of Indian Affairs, Federal Office Building, 2800 Cottage Way, Sacramento, California 95825 (if the parents, Indian custodian, or tribe cannot be determined or located).
Tips on how to find the address for the child's tribe or tribes
The Secretary of the Interior periodically updates and publishes in the Federal Register (see 25 Code of Federal Regulations § 23.12) a list of tribe names and addresses. The Bureau of Indian Affairs also keeps a list. You can access the Federal Register list and other resources related to ICWA on the Bureau of Indian Affairs website at bia.gov/bia/ois/dhs/icwa.
Copy to the Area Director of the Bureau of Indian Affairs If you know the identity and location of the parent, Indian custodian, and the tribe or tribes, when you send the Notice to the parent, Indian custodian, and the tribe or tribes, you must also send a copy to the Sacramento Area Director, Bureau of Indian Affairs, Federal Office Building, 2800 Cottage Way, Sacramento, CA 95825.
Copy to the Area Director of the Bureau of Indian Affairs and Secretary of the Interior If you do not know the identity and location of the child’s parents, Indian custodian, and tribe or tribes, you must send copies of the Notice and the other documents to the Sacramento Area Director, Bureau of Indian Affairs, Federal Office Building, 2800 Cottage Way, Sacramento, CA 95825 and to the Secretary of the Interior, 1849 C Street, NW, Washington DC 20240. To help establish the child’s tribal identity, you must have completed your further inquiry of available extended family members before contacting the Bureau of Indian Affairs and Secretary of the Interior and provide as much information as possible, including the child’s name, birthdate, and birthplace; the names of all of the child’s known relatives with addresses and other identifying information; and a copy of the petition in the case.
How do you send the Notice and prove to the court that you have done so? If you have an attorney, the attorney will complete the steps described below. If you are representing yourself without an attorney in a probate guardianship case, the court clerk will help you with steps 1 and 2 below, including doing the mailing and signing the certificate of mailing on page 9 of the Notice, but you must deliver copies of the Notice and other documents listed in step 1 below to the court in addressed envelopes ready for mailing and then complete step 3.
Mail to the persons and organizations listed at the top of this page, by registered or certified mail, with return receipt requested, completed and signed copies of the following forms: a. Your petition; b. Form ICWA-010(A), Indian Child Inquiry Attachment; and c. Form ICWA-030, Notice of Child Custody Proceeding for Indian Child.
The person who does the mailing must fill out the information requested on page 10 of form ICWA-030, Notice of Child Custody Proceeding for Indian Child, and then date and sign the original form on page 9.
Go to the court and file with the clerk of the court proof that you have given notice to everyone listed above and on page 10 of form ICWA-030, Notice of Child Custody Proceeding for Indian Child. Your proof must consist of the following: a. The original signed Notice (form ICWA-030) and copies of the documents you sent with it (the petition and form ICWA-010(A); b. All return receipts given to you by the post office and returned from the mailing; and c. All responses you receive from the child’s parents, the child’s Indian custodian, the child’s tribe or tribes, and the Bureau of Indian Affairs.
Please note that you are subject to court sanctions if you knowingly and willfully falsify or conceal a material fact concerning whether the child is an Indian child or if you counsel a party to do so. (Welf. & Inst. Code, § 224.3(e).)
Rev. January 1, 2026 Information Sheet on Indian Child ICWA-005-INFO, Page 2 of 2 Inquiry Attachment and Notice of Child Custody Proceeding for Indian Child
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Petition for Appointment of Clerk stamps date here when form is filed. GC-210(P) Guardian of the Person Guardianship of the person of (all children’s names):
You may use this form or the Petition for Appointment of Guardian of Minor (form GC-210) to petition, or ask, the court to appoint a guardian of the person. (You must use form GC-210 to ask the court to appoint a guardian of the estate or of both the person and the estate.) Fill in court name and street address: 1 Your name (Include the names of all persons who are requesting the Superior Court of California, County of San Diego court to appoint them or the person named in 4 as guardian for the child* or children* named above and in 8 . All must sign this form.): 1100 UNION ST., SAN DIEGO, CA 92101 a. b. c. Clerk fills in information below when form is filed. 2 Your address and telephone number: Case Number: Street: Apt.: City: Hearing Date and Time: Dept.: State: Zip: Phone: 3 Your Lawyer (if you have one): Name: Bar No.: Firm name, if any: Street: Suite: City: State: Zip: Telephone: Fax: E-mail:
4 I/We want to be guardian of the child or children named in 8 (Go to 5 .) I/We want the person or persons named here to be the guardian of the child or children named in 8 . Tell the court about the proposed guardian(s) below. Name(s):
Street: Apt.:
City: State: Zip:
Phone: E-mail:
I am the child or one of the children named in 8 and a person named in 1 . I am at
least 12 years old. I want the person or persons named here to be my guardian.
My date of birth is (month/day/year): Tell the court about the proposed guardian(s) below.
Name(s):
Street: Apt.:
City: State: Zip:
Phone: E-mail:
*Under section 1510.1(d) of the Probate Code, the terms child, minor, and ward include a youth 18 to 20 years of age.
Judicial Council of California Petition for Appointment of Guardian of the Person GC-210(P), Page 1 of 4www.courts.ca.gov Revised July 1, 2016 Alternative Mandatory Form (Probate—Guardianships and Conservatorships) Instead of Form GC-210 Probate Code, §§ 1510, 1510.1; Cal. Rules of Court, rule 7.101
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Guardianship of the person of (all children’s names): Case Number:
5 The proposed guardian named in 1 or 4 is (check all that apply): a. Related to the child or children named in 8 , as shown in item 3 of the child’s or children’s attached Guardianship Petition—Child Information Attachment (form(s) GC-210(CA)). b. Not related to the child or children named in 8 . c. A nominee of a parent of one or more of the children named in 8 , as shown in item 5 of the child’s or children’s attached Guardianship Petition—Child Information Attachment (form(s) GC-210(CA)). 6 Check this box if you checked the box in item 5b (guardian unrelated to child or children). Answer the question in item a and check the box in item b or c. If you check the box in c, provide the signed statement of the proposed guardian on a separate sheet of paper. Write “Form GC-210(P)— Attachment 6: Statement of Unrelated Guardian” at the top of the paper and attach it to this form. a. Does the proposed guardian run a licensed foster family home? Yes No b. I am the proposed guardian. I will promptly furnish any information requested by an agency investigating an adoption or a local agency designated by the county to provide public social services. c. I am not the proposed guardian. The signed statement of the proposed guardian agreeing to promptly furnish any information requested by an agency investigating an adoption or a local agency designated by the county to provide public social services is attached to this form as Attachment 6. 7 A person other than the proposed guardian(s) named in 1 or 4 has been nominated in a will or other writing as guardian of the child or children named in 8 . A copy of the written nomination is attached. Write “Form GC-210(P)—Attachment 7: Nomination of Another Person as Guardian” at the top of the writing and attach it to this form. Fill in the nominated person’s name and address in item 2 of the Guardianship Petition—Child Information Attachment (form GC-210(CA)) for each child for whom the person was nominated as guardian. Tell the court about the child or children who need a guardian. 8 Fill out and attach to this form a separate copy of Guardianship Petition—Child Information Attachment (form GC-210(CA)) for each child named below. Show all children’s names at the top of all pages of this form. Fill out and attach to this form a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105/GC-120) concerning all children under 18 years of age listed below. The full legal name and date of birth of each child who needs a guardian is (specify):
a. Name: Date of birth:
First Middle Last Month/Day/Year
b. Name: Date of birth: First Middle Last Month/Day/Year
c. Name: Date of birth:
First Middle Last Month/Day/Year
d. Name: Date of birth:
First Middle Last Month/Day/Year
e. Name: Date of birth:
First Middle Last Month/Day/Year
Check here if there are additional children. Continue this list on a separate sheet of paper. Write “Form
GC-210(P)—Attachment 8: Additional Children” at the top of the paper and attach it to this form.
Revised July 1, 2016 Petition for Appointment of Guardian of the Person GC-210(P), Page 2 of 4 (Probate—Guardianships and Conservatorships)
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Guardianship of the person of (all children’s names): Case Number:
9 The guardianship is necessary or convenient for the reasons given below. (Explain why each child listed in 8 needs a guardian.)
Check here if you need more space. Continue your explanation on a separate sheet of paper. Write “Form GC-210(P)—Attachment 9: Need for Guardian” at the top of the paper and attach it to this form.
10 I/We ask the court to (check all that apply): a. Appoint the person named in 1 or 4 guardian of the person of the child or children named in 8 and issue Letters of Guardianship. b. Excuse me/us from having to give notice of the hearing on this petition to one or more relatives or other persons listed in item 2 of the attached Guardianship Petition—Child Information Attachment (form GC-210(CA)) for the reasons given below. (Specify (1) the name of each child, (2) the name and relationship to the child of each of the persons to whom you want the court to excuse you from giving notice, and (3) the reasons for your request, including the steps, if any, you have taken to find each person.):
Check here if you need more space. Continue your explanation on a separate sheet of paper. Write “Form GC-210(P)—Attachment 10b: Request for Waiver of Notice” at the top of the paper and attach it to this form.
The relatives and other persons listed in item 2 of each child’s Guardianship Petition—Child Information Attachment (form GC-210(CA)) must be given notice of the hearing on your petition for appointment of a guardian for that child unless the court excuses you from giving notice. The court may waive (excuse) this requirement if you can show the court that you do not know where the relative or other person is located after making reasonable efforts to find him or her or if giving notice to that person may harm the child or otherwise be contrary to the interests of justice. See rule 7.52 of the California Rules of Court for information on making reasonable efforts to find a person.
Revised July 1, 2016 Petition for Appointment of Guardian of the Person GC-210(P), Page 3 of 4 (Probate—Guardianships and Conservatorships)
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Guardianship of the person of (all children’s names): Case Number:
c. Make the following additional orders (specify):10
Check here if you need more space. Continue your request for additional orders on a separate sheet of
paper. Write “Form GC-210(P)—Attachment 10c: Additional Orders” at the top of the paper and
attach it to this form.
11 Filed with this petition are the following (check all that apply): Consent of Proposed Guardian (form GC-211, item 1) Nomination of Guardian (form GC-211, items 2 and 3) Consent to Appointment of Guardian and Waiver of Notice (form GC-211, item 4). Petition for Appointment of Temporary Guardian or Conservator (form GC-110) Petition for Appointment of Temporary Guardian of the Person (form GC-110(P)) Confidential Guardian Screening Form (form GC-212) Petition for Special Immigrant Juvenile Findings (form GC-220) Other (specify):
All attachments are made part of this form as though included here. There are pages attached to this form.12
Date: Petitioner’s attorney types or prints name here Petitioner’s attorney signs here
All petitioners and the proposed ward—if he or she is at least 18 but not yet 21 years of age and not a petitioner—must read and sign below. I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Date: Petitioner types or prints name here Petitioner signs here
Date: Petitioner types or prints name here Petitioner signs here I consent to the appointment of the person named in 1 or 4 as guardian of my person and to his or her performance of the duties of a guardian on my behalf.
Date: Proposed ward types or prints name here Proposed ward signs here
Revised July 1, 2016 GC-210(P), Page 4 of 4 Petition for Appointment of Guardian of the Person (Probate—Guardianships and Conservatorships)
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Child Information Attachment to Case Number: GC-210(CA) Probate Guardianship Petition Guardianship of (all children’s names):
This child’s name:
Fill out a separate copy of this form for each child for whom your petition asks the court to appoint a guardian. This form is attached to the Petition, form GC-210, item 2, or form GC-210(P), item 8. The petition asks the court to appoint a guardian of this child’s (specify): person estate person and estate.
1 Tell the court about this child a. Child’s full legal name: Date of birth: First Middle Last mm/dd/yyyy
b. Child’s current address:
c. Indian child inquiry (Complete only if your petition asks the court to appoint a guardian of this child’s person or
person and estate. If your petition asks the court to appoint a guardian of this child’s estate only, skip this item
and go to item 1d.)
I have asked whether the child is or may be a member of one or more Indian tribes recognized by the federal
government, or eligible for membership in such a tribe and the biological child of a tribal member, and
whether the child or parents live or are domiciled on a reservation or rancheria or in an Alaskan Native
village. Form ICWA-010(A), Indian Child Inquiry Attachment, is attached to this form.
I have not asked about the child’s Indian heritage because the parents are unavailable or deceased.
(For more information about your duties under the federal Indian Child Welfare Act (ICWA)
(25 U.S.C. §§ 1901–1963) and California law, including making the inquiry and completing form ICWA-010(A)
if the child is or may be an Indian child, see Information Sheet on Indian Child Inquiry Attachment and Notice
of Child Custody Proceeding for Indian Child (form ICWA-005-INFO).)
d. Is this child married? Yes No Never married If you checked “No,” was this child married
in the past but the marriage was dissolved or ended in divorce? Yes No
(The court cannot appoint a guardian of the person for a minor child who is married or whose marriage was
dissolved or ended in divorce.)
e. Is this child receiving public benefits? Yes No I don’t know (If you checked “Yes,” fill in below.)
Type of Aid Monthly Benefit Type of Aid Monthly Benefit
TANF (Temporary Asst. for Needy Families) $ Other(explain): $
Social Security $ Other(explain): $
Dept. Veterans Affairs Benefits $
f. Name and address of the person with legal custody of this child:
g. (Check this box and fill out below if the person the child lives with is not the person in f. with legal custody.) Name and address of the person this child lives with (who takes care of the child):
Judicial Council of California, www.courts.ca.gov Rev. January 1, 2022, Mandatory Form Child Information Attachment to GC-210(CA), Page 1 of 4 Probate Code, §§ 1449, 1459.5, 1510; Probate Guardianship PetitionCal. Rules of Court, rule 7.1015
Page 12¶
Guardianship of (all children’s names): Case Number:
This child’s name:
1 Tell the court about this child (continued) h. (Check this box if this child has been involved in an adoption, juvenile court, marriage dissolution (divorce), domestic relations, child custody, or other similar court case.) Describe the court case below:
Type of Case Court District or County and State or Tribe Case Number (if known)
i. (Check this box if this child is in or on leave from an institution supervised by the California Department of
Developmental Services or the California Department of State Hospitals.) Write the name of the institution
here:
2 List the names and addresses of this child’s relatives and all other persons shown below:
Relationship Name Home Address (Street, City, State, Zip)
Mother
Father
Grandmother
(Mother’s mother)
Grandfather
(Mother’s father)
Grandmother
(Father’s mother)
Grandfather
(Father’s father)
Sibling
Sibling
Sibling
Sibling
Sibling
Sibling
Sibling
(Check here if this child has additional relatives, including parents, grandparents, siblings, or half-siblings, and
list their names and addresses on a separate sheet of paper. Write “Form GC-210(CA),” the name of this child,
and “Item 2: Other Relatives” at the top of the paper and attach it to this form.)
Rev. January 1, 2022 Child Information Attachment to GC-210(CA), Page 2 of 4 Probate Guardianship Petition
Page 13¶
Guardianship of (all children’s names): Case Number:
This child’s name:
2 List the names and addresses of this child’s relatives and all other persons shown below: Relationship Name Home Address (Street, City, State, Zip) Spouse (Guardianship of the estate only) Person nominated as guardian of this child (if someone other than a proposed guardian named in 3 )
Indian custodian (if any)
Child’s tribe (if any and if known) (Check here if there is more than one tribe that the child may be eligible for membership in, and list the names and addresses on a separate sheet of paper. Write “Form GC-210(CA),” the name of the child, and “Attachment 2: Child’s tribes” at the top of the paper and attach it to this form.)
3 Information about the proposed guardian: a. Name (name all proposed guardians if more than one):
b. Relationship(s) to the child named in 1 (check all that apply):
Relative (specify relationship(s) to the child of each proposed relative guardian):
Not a relative (explain interest in or connection to this child):
c. Did the child’s parent(s) nominate the proposed guardian(s)? Yes No I don’t know
(If you checked “Yes,” attach the written nomination as Attachment 3c.)
d. Does this child currently live with the proposed guardian(s)? Yes No I don’t know
If “Yes,” how long has the child lived with the proposed guardian(s)? (years, months):
e. If the court approves the guardianship, will this child live with the proposed guardian(s)? Yes No
f. Does/do the proposed guardian(s) currently plan to adopt this child? Yes No I don’t know
4 Explain why appointing a guardian for the child named in 1 would be in the child’s best interest:
(Check here if you need more space. Continue your explanation on a separate sheet of paper. Write “Form GC-210(CA),” the name of this child, and “Attachment 4: Guardianship—Best Interest of Child” at the top of the paper and attach it to this form.)
Rev. January 1, 2022 Child Information Attachment to GC-210(CA), Page 3 of 4 Probate Guardianship Petition
Page 14¶
Guardianship of (all children’s names): Case Number:
This child’s name:
5 Explain why appointing the person named in 3 to be this child’s guardian would be in the child’s best interest:
(Check here if you need more space. Continue your explanation on a separate sheet of paper. Write “Form GC-210(CA),” the name of this child, and “Attachment 5: Proposed Guardian—Best Interest of Child” at the top of the paper and attach it to this form.)
6 a. Does one or do both of this child’s parents agree:
(1) That the court needs to appoint a guardian for the child?
Parent (name): Yes No I don’t know
Parent (name): Yes No I don’t know
(2) That the person named in 3 should be the child’s guardian?
Parent (name): Yes No I don’t know
Parent (name): Yes No I don’t know
b. If the child is an Indian child and in the care and custody of an Indian custodian, does the Indian custodian agree:
(1) That the court needs to appoint a guardian for the child?
Custodian (name): Yes No I don’t know
(2) That the person named in 3 should be the child’s guardian?
Custodian (name): Yes No I don’t know
7 Check this box if you (the petitioner) are not the person named in 3 , and fill in below. Your relationship to this child:
Relative (specify relationship):
Not a relative (explain your interest in or connection to this child):
8 Except as otherwise stated in this form, the statements made in the petition to which this form is attached fully apply to this child.
Rev. January 1, 2022 Child Information Attachment to GC-210(CA), Page 4 of 4 Probate Guardianship Petition
Page 15¶
ICWA-010(A) CHILD'S NAME: CASE NUMBER:
Name of child:
(Check one) I have not yet been able to complete the inquiry about the child's Indian status because: I understand that I have an affirmative and continuing duty to complete this inquiry. I will do it as soon as possible and advise the court of my efforts. I have asked or I am advised by: and on information and belief confirm that this person has completed inquiry by asking the child, the child's parents, and other required and available persons about the child's Indian status. Each of these persons was asked whether they had any information that the child is or may be an Indian child; whether the parents or child are or were domiciled or lived on a reservation, rancheria, Alaska Native village, or other tribal trust land, or had ancestors who were members of an Indian tribe. The person(s) questioned are: Name: Name: Address: Address: City, state, zip: City, state, zip: Telephone: Telephone: Date questioned: Date questioned: Relationship to child: Relationship to child: Additional persons questioned and their information is attached. (Form MC-020 may be used for this purpose.)
This inquiry (check one) gave me reason to believe the child is or may be an Indian child. (If checked, continue to 4.) gave me no reason to believe the child is or may be an Indian child. (If checked, continue to signature page at end of form.)
I contacted the tribe(s) that the child may be affiliated with and worked with them to establish whether the child is a member or
citizen or eligible for membership or citizenship in the tribe(s). Information detailing the tribes contacted, the names of the individuals contacted, and the manner of the contacts is attached.
Based on inquiry and tribal contacts (check all that apply):
a. the child is or may be a member or citizen of or eligible for membership or citizenship in a tribe. Name of tribe(s): Location of tribe(s):
b. the child's parents, grandparents, or great-grandparents are or were members or citizens of a tribe. Name of tribe(s): Location of tribe(s):
c. the residence or domicile of the child, child's parents, or Indian custodian is on a reservation, rancheria, Alaska Native village, or other tribal trust land.
d. the child or the child's family has received services or benefits from a tribe or services that are available to Indians from tribes or the federal government, such as the Indian Health Service or Tribal Temporary Assistance to Needy Families (TANF).
e. the child is or has been a ward of a tribal court.
Name of tribe(s):
Location of tribe(s):
f. either parent or the child possesses an Indian identification card indicating membership or citizenship in an Indian tribe.
Name of tribe(s):
Location of tribe(s):
Judicial Council of California, courts.ca.gov Indian Child Inquiry Attachment ICWA-010(A), Page 1 of 2Rev. January 1, 2026, Mandatory Form Welf. & Inst. Code, § 224.2; Cal. Rules of Court, rule 5.481
Page 16¶
ICWA-010(A) CHILD'S NAME: CASE NUMBER:
- If this is a delinquency proceeding under Welfare and Institutions Code section 601 or 602, the child is in foster care. it is probable the child will be entering foster care.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
Rev. January 1, 2026 Indian Child Inquiry Attachment ICWA-010(A), Page 2 of 2
Page 17¶
FL-105/GC-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS:
ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
(This section applies to cases other than probate guardianships.)
PETITIONER:
RESPONDENT:
OTHER PARTY: CHILD'S NAME (Juvenile cases only): (This section applies only to probate guardianship cases.) CASE NUMBER: GUARDIANSHIP OF (name): Minor DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
I am (check one): a party to this proceeding to determine custody of a child the authorized representative of the agency, which is a party to this proceeding to determine custody of a child.
There are (specify number): minor children who are subject to this proceeding, as follows (list oldest child first):
Full Name Date of birth Place of birth (city and state)
a.
b.
c.
d.
Check this box if you need to list more children. (On form MC-020 or a separate piece of paper, write "FL-105, Attachment 2, Additional Children" at the top, provide all requested information for each additional child, and attach to this form.)
a. Check this box if there is only one child or if all of the children listed in item 2 have lived together for the past five years. (Provide the current address of the child listed in item 2a and their residence history for the past five years. If the current address is confidential under Family Code section 3429, check the box and provide only the state of residence.) Dates of residence Residence Person child lived with and Relationship (Month/Year) (City, State) complete current address From: To present Confidential (list state only) Confidential (list state only) From: To: From: To: From: To: From: To:
Additional addresses are listed on Attachment 3a. (Form MC-020 may be used for this purpose.) b. Check this box if there is more than one child and all the children have not lived together for the past five years. (Attach form FL-105(A)/GC-120(A) and list each other child's current address and their residence history for the past five years.)
Form Adopted for Mandatory Judicial Council of California Use DECLARATION UNDER UNIFORM CHILD CUSTODY ProbateFamilyCode,Code,§§§ 1510(f),3400 et 1512seq.; FL-105/GC-120 [Rev. January 1, 2025] JURISDICTION AND ENFORCEMENT ACT (UCCJEA) www.courts.ca.gov
Page 18¶
FL-105/GC-120 CASE NAME: CASE NUMBER:
Do you have information about, or have you participated as a party or as a witness or in some other capacity in, another court case or custody or visitation proceeding, in California or elsewhere, concerning a child subject to this proceeding? Yes No (If yes, attach a copy of the orders if you have one and provide the following information): Court Court order Your Proceeding Case number (name, state or tribe, or judgment Name of each child connection to Case status location) (date) the case
a. Family
Probate b. Guardianship
c. Other
Proceeding Case Number Court (name, state or tribe, location)
d. Juvenile
e. Adoption
One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one
and provide the following information):Court County State or Tribe Case Number (if known) Orders expire (date)
a. Criminal
b. Family
c. Juvenile
d. Other
Do you know of any person who is not a party to this proceeding who has physical custody of or claims to have rights to custody of or visitation with any child in this case? Yes No (If yes, provide the following information): a. Name and address of person: b. Name and address of person: c. Name and address of person:
Has physical custody Has physical custody Has physical custody
Claims custody rights Claims custody rights Claims custody rights
Claims visitation rights Claims visitation rights Claims visitation rights
Name of each child: Name of each child: Name of each child:
Number of pages attached:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
NOTICE TO DECLARANT: You have a continuing duty to inform this court if you obtain any information about a custody proceeding in a California court or any other court concerning a child subject to this proceeding.
FL-105/GC-120 [Rev. January 1, 2025] DECLARATION UNDER UNIFORM CHILD CUSTODY Page 2 of 2 JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
Page 19¶
CONFIDENTIAL (DO NOT ATTACH TO PETITION) GC-212
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRALSTREETDIVISION,ADDRESS: CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
GUARDIANSHIP OF CASE NUMBER:
(Name): MINOR CONFIDENTIAL GUARDIAN SCREENING FORM HEARING DATE AND TIME: DEPT.: Guardianship of Person Estate
The proposed guardian must complete and sign this form. The person requesting appointment of a guardian must submit the completed and signed form to the court with the guardianship petition. This form must remain confidential. How This Form Will Be Used
This form is confidential and will not be a part of the public file in this case. Each proposed guardian must complete and sign a separate copy of this form under rule 7.1001 of the California Rules of Court. The information provided will be used by the court and by persons and agencies designated by the court to assist the court in determining whether to appoint the proposed guardian as guardian. The proposed guardian must respond to each item.
a. Proposed guardian (name): b. Date of birth: c. Social security number: d. Driver's license number: State: e. Telephone numbers: Home: Work: Other:
I am I am not required to register as a sex offender under California Penal Code section 290.
(If you checked "I am," explain in Attachment 2.)I have I have not been charged with, arrested for, or convicted of a crime deemed to be a felony or a
misdemeanor. (If you checked "I have," explain in Attachment 3.)
(Check here if you have been arrested for drug or alcohol-related offenses.)I have I have not had a restraining order or protective order filed against me in the last 10 years.
(If you checked "I have," explain in Attachment 4.)I am I am not receiving services from a psychiatrist, psychologist, or therapist for a mental health–related issue.
(If you checked "I am," explain in Attachment 5.)Do you, or does any other person living in your home, have a social worker or parole or probation officer assigned to him or her? Yes No (If you checked "Yes," explain in Attachment 6 and provide the name and address of each social worker, parole officer, or probation officer.)
Have you, or has any other person living in your home, been charged with, arrested for, or convicted of any form of child abuse, neglect, or molestation? Yes No (If you checked "Yes," explain in Attachment 7.)
I am I am not aware of any reports alleging any form of child abuse, neglect, or molestation made to any
agency charged with protecting children (e.g., Child Protective Services) or any other law
enforcement agency regarding me or any other person living in my home. (If you checked "I am,"
explain in Attachment 8 and provide the name and address of each agency.)Have you, or has any other person living in your home, habitually used any illegal substances or abused alcohol? Yes No (If you checked "Yes," explain in Attachment 9.)
Form Adopted for Mandatory Judicial Council of California Use CONFIDENTIAL GUARDIAN SCREENING FORM ProbateFamily Code,Code, §§ 3011;1516; GC-212 [Rev. July 1, 2009] (Probate—Guardianships and Conservatorships) Cal. Rules of Court, rule 7.1001 www.courtinfo.ca.gov
American LegalNet, Inc.
Page 20¶
CONFIDENTIAL GC-212 GUARDIANSHIP OF (Name): CASE NUMBER:
MINOR
Have you, or has any other person living in your home, been charged with, arrested for, or convicted of a crime involving illegal substances or alcohol? Yes No (If you checked "Yes," explain in Attachment 10.)
Do you or does any other person living in your home suffer from mental illness? Yes No (If you checked "Yes," explain in Attachment 11.)
Do you suffer from any physical disability that would impair your ability to perform the duties of guardian? Yes No (If you checked 'Yes," explain in Attachment 12.)
I have or may have I do not have an adverse interest that the court may consider to be a risk to, or to have an
effect on, my ability to faithfully perform the duties of guardian.
(If you checked "I have or may have," explain in Attachment 13.)I have I have not previously been appointed guardian, conservator, executor, or fiduciary in another proceeding.
(If you checked "I have," explain in Attachment 14.)I have I have not been removed as guardian, conservator, executor, or fiduciary in any other proceeding.
(If you checked "I have," explain in Attachment 15.)I am I am not a private professional fiduciary, as defined in Business and Professions Code section 6501(f).
(If you checked "I am," respond to item 17. If you checked "I am not," go to item 18.)I am I am not currently licensed by the Professional Fiduciaries Bureau of the Department of Consumer
Affairs. My license status and information is stated in item 1 on page 1 of the Professional .
Fiduciary Attachment signed by me and attached to the petition that proposes my appointment
as guardian in this matter. (Complete and sign the Professional Fiduciary Attachment and
attach it to the petition, or deliver it to the petitioner for attachment, before the petition is filed.
See item 4d of the petition. Use form GC-210(A-PF)/GC-310(A-PF) for this attachment.)I am I am not a responsible corporate officer authorized to act for (name of corporation):
, a California nonprofit charitable corporation that meets the requirements for appointment as guardian of the proposed ward under Probate Code section 2104. I certify that the corporation's articles of incorporation specifically authorize it to accept appointments as guardian. (If you checked "I am," explain the circumstances of the corporation's care of, counseling of, or financial assistance to the proposed ward in Attachment 18.) 19. I have I have not filed for bankruptcy protection within the last 10 years. (If you checked "I have," explain in Attachment 19.)
MINORS' CONTACT INFORMATION
Minor's name: School (name): Home telephone: School telephone: Other telephone:
Minor's name: School (name): Home telephone: School telephone: Other telephone:
Minor's name: School (name): Home telephone: School telephone: Other telephone:
Information on additional minors is attached.
DECLARATION
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PROPOSED GUARDIAN) (SIGNATURE OF PROPOSED GUARDIAN)*
- Each proposed guardian must fill out and file a separate screening form.
GC-212 [Rev. July 1, 2009] CONFIDENTIAL GUARDIAN SCREENING FORM Page 2 of 2 (Probate—Guardianships and Conservatorships)
Page 21¶
GC-248 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
E–MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
GUARDIANSHIP OF THE PERSON ESTATE
OF (Name): MINOR CASE NUMBER: DUTIES OF GUARDIAN and Acknowledgment of Receipt
DUTIES OF GUARDIAN
When you are appointed by the court as a guardian of a minor, you become an officer of the court and assume certain duties and obligations. An attorney is best qualified to advise you about these matters. You should clearly understand the information on this form. You will find additional information in the Guardianship Pamphlet (for Guardianships of Children in the Probate Court) (Form GC-205), which is available from the court. 1. GUARDIANSHIP OF THE PERSON If the probate court appoints you as a guardian of the person for a child, you will be required to assume important duties and obligations.
a. Fundamental responsibilities - The guardian of the person of a child has the care, custody, and control of the child. As guardian, you are responsible for providing for food, clothing, shelter, education, and all the medical and dental needs of the child. You must provide for the safety, protection, and physical and emotional growth of the child.
b. Custody - As guardian of the person of the child, you have full legal and physical custody of the child and are responsible for all decisions relating to the child. The child's parents can no longer make decisions for the child while there is a guardianship. The parents' rights are suspended—not terminated—as long as a guardian is appointed for a minor.
c. Education - As guardian of the person of the child, you are responsible for the child's education. You determine where the child should attend school. As the child's advocate within the school system, you should attend conferences and play an active role in the child's education. For younger children, you may want to consider enrolling the child in Head Start or other similar programs. For older children, you should consider their future educational needs such as college or a specialized school. You must assist the child in obtaining services if the child has special educational needs. You should help the child in setting and attaining his or her educational goals.
d. Residence - As guardian, you have the right to determine where the child lives. The child will normally live with you, but when it is necessary, you are allowed to make other arrangements if it is in the best interest of the child. You should obtain court approval before placing the child back with his or her parents.
As guardian, you do not have the right to change the child's residence to a place outside of California unless you first receive the court's permission. If the court grants permission, California law requires that you establish legal guardianship in the state where the child will be living. Individual states have different rules regarding guardianships. You should seek additional information about guardianships in the state where you want the child to live.
(Continued on reverse)
Form Adopted for Mandatory Use DUTIES OF GUARDIAN Page one of five Judicial Council of California GC-248 [New January 1, 2001] (Probate)
Page 22¶
GC-248 GUARDIAN OF (Name): CASE NUMBER: MINOR
e. Medical treatment - As guardian, you are responsible for meeting the medical needs of the child. In most cases, you have the authority to consent to the child's medical treatment. However, if the child is 14 years or older, surgery may not be performed on the child unless either (1) both the child and the guardian consent or (2) a court order is obtained that specifically authorizes the surgery. This holds true except in emergencies. A guardian may not place a child involuntarily in a mental health treatment facility under a probate guardianship. A mental health conservatorship proceeding is required for such an involuntary commitment. However, the guardian may secure counseling and other necessary mental health services for the child. The law also allows older and more mature children to consent to their own treatment in certain situations such as outpatient mental health treatment, medical care related to pregnancy or sexually transmitted diseases, and drug and alcohol treatment. f. Community resources - There are agencies in each county that may be helpful in meeting the specific needs of children who come from conflicted, troubled, or deprived environments. If the child has special needs, you must strive to meet those needs or secure appropriate services.
g. Financial support - Even when the child has a guardian, the parents are still obligated to financially support the child. The guardian may take action to obtain child support. The child may also be eligible for Temporary Aid for Needy Families, TANF (formerly known as AFDC), social security benefits, Veterans Administration benefits, Indian child welfare benefits, and other public or private funds.
h. Visitation - The court may require that you allow visitation or contact between the child and his or her parents. The child's needs often require that the parent-child relationship be maintained, within reason. However, the court may place restrictions on the visits, such as the requirement of supervision. The court may also impose other conditions in the child's best interest.
i. Driver's license - As guardian of the person, you have the authority to consent to the minor's application for a driver's license. If you consent, you will become liable for any civil damages that may result if the minor causes an accident. The law requires that anyone signing the DMV application obtain insurance to cover the minor.
j. Enlistment in the armed services - The guardian may consent to a minor's enlistment in the armed services. If the minor enters into active duty with the armed forces, the minor becomes emancipated under California law.
k. Marriage - For the minor to marry, the guardian and the court must give permission. If the minor enters a valid marriage, the minor becomes emancipated under California law.
l. Change of address - A guardian must notify the court in writing of any change in the address of either the child or the guardian. This includes any changes that result from the child's leaving the guardian's home or returning to the parent's home. You must always obtain court permission before you move the child to another state or country.
m. Court visitors and status reports - Some counties have a program in which ''court visitors'' track and review guardianships. If your county has such a program, you will be expected to cooperate with all requests of the court visitor. As guardian, you may also be required to fill out and file status reports. In all counties, you must cooperate with the court and court investigators.
n. Misconduct of the child - A guardian, like a parent, is liable for the harm and damages caused by the willful misconduct of a child. There are special rules concerning harm caused by the use of a firearm. If you are concerned about your possible liability, you should consult an attorney.
o. Additional responsibilities - The court may place other conditions on the guardianship or additional duties upon you, as guardian. For example, the court may require the guardian to complete counseling or parenting classes, to obtain specific services for the child, or to follow a scheduled visitation plan between the child and the child's parents or relatives. As guardian, you must follow all court orders.
(Continued on page three)
GC-248 [New January 1, 2001 ] DUTIES OF GUARDIAN Page two of five (Probate)
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GC-248 GUARDIAN OF (Name): CASE NUMBER: MINOR
p. Termination of guardianship of the person - A guardianship of the person automatically ends when the child reaches the age of 18, is adopted, marries, is emancipated by court order, enters into active military duty, or dies. If none of these events has occurred, the child, a parent, or the guardian may petition the court for termination of guardianship. But it must be shown that the guardianship is no longer necessary or that termination of the guardianship is in the child's best interest.
- GUARDIANSHIP OF THE ESTATE
If the court appoints you as guardian of the child's estate, you will have additional duties and obligations. The
money and other assets of the child are called the child's ''estate."' Appointment as guardian of a child's estate is taken very seriously by the court. The guardian of the estate is required to manage the child's funds, collect and make an inventory of the assets, keep accurate financial records, and regularly file financial accountings with the court. MANAGING THE ESTATE
a. Prudent investments - As guardian of the estate, you must manage the child's assets with the care of a prudent person dealing with someone else's property. This means that you must be cautious and may not make speculative or risky investments.
b. Keeping estate assets separate - As guardian of the estate, you must keep the money and property of the child's estate separate from everyone else's, including your own. When you open a bank account for the estate, the account name must indicate that it is a guardianship account and not your personal account. You should use the child's social security number when opening estate accounts. You should never deposit estate funds in your personal account or otherwise mix them with your own funds or anyone else's funds, even for brief periods. Securities in the estate must be held in a name that shows that they are estate property and not your personal property.
c. Interest-bearing accounts and other investments - Except for checking accounts intended for ordinary expenses, you should place estate funds in interest-bearing accounts. You may deposit estate funds in insured accounts in federally insured financial institutions, but you should not put more than $100,000 in any single institution. You should consult with an attorney before making other kinds of investments.
d. Blocked accounts - A blocked account is an account with a financial institution in which money is placed. No person may withdraw funds from a blocked account without the court's permission. Depending on the amount and character of the child's property, the guardian may elect or the court may require that estate assets be placed in a blocked account. As guardian of the estate, you must follow the directions of the court and the procedures required to deposit funds in this type of account. The use of a blocked account is a safeguard and may save the estate the cost of a bond. e. Other restrictions - As guardian of the estate, you will have many other restrictions on your authority to deal with estate assets. Without prior court order, you may not pay fees to yourself or your attorney. You may not make a gift of estate assets to anyone. You may not borrow money from the estate. As guardian, you may not use estate funds to purchase real property without a prior court order. If you do not obtain the court's permission to spend estate funds, you may be compelled to reimburse the estate from your own personal funds and may be removed as guardian. You should consult with an attorney concerning the legal requirements relating to sales, leases, mortgages, and investment of estate property. If the child of whose estate you are the guardian has a living parent or if that child receives assets or is entitled to support from another source, you must obtain court approval before using guardianship assets for the child's support, maintenance, or education. You must file a petition or include a request for approval in the original petition, and set forth which exceptional circumstances justify any use of guardianship assets for the child's support. The court will ordinarily grant such a petition for only a limited period of time, usually not to exceed one year, and only for specific and limited purposes. INVENTORY OF ESTATE PROPERTY f. Locate the estate's property - As guardian of the estate, you must locate, take possession of, and protect the child's income and assets that will be administered in the estate. You must change the ownership of all assets into the guardianship estate's name. For real estate, you should record a copy of your Letters of Guardianship with the county recorder in each county where the child owns real property.
(Continued on reverse)
GC-248 [New January 1, 2001 ] DUTIES OF GUARDIAN Page three of five (Probate)
Page 24¶
GC-248 GUARDIAN OF (Name): CASE NUMBER: MINOR
g. Determine the value of the property - As guardian of the estate, you must arrange to have a court-appointed referee determine the value of the estate property unless the appointment is waived by the court. You—not the referee—must determine the value of certain ''cash items.'' An attorney can advise you about how to do this.
h. File an inventory and appraisal - As guardian of the estate, you must file an inventory and appraisal within 90 days after your appointment. You may be required to return to court 90 days after your appointment as guardian of the estate to ensure that you have properly filed the inventory and appraisal.
INSURANCE
i. Insurance coverage - As guardian of the estate, you should make sure that there is appropriate and sufficient insurance covering the assets and risks of the estate. You should maintain the insurance in force throughout the entire period of the guardianship or until the insured asset is sold.
RECORD KEEPING AND ACCOUNTING
j. Records - As guardian of the estate, you must keep complete, accurate records of each financial transaction affecting the estate. The checkbook for the guardianship checking account is essential for keeping records of income and expenditures. You should also keep receipts for all purchases. Record keeping is critical because you will have to prepare an accounting of all money and property that you have received, what you have spent, the date of each transaction, and its purpose. You will also have to be able to describe in detail what is left after you have paid the estate's expenses.
k. Accountings - As guardian of the estate, you must file a petition requesting that the court review and approve your accounting one year after your appointment and at least every two years after that. The court may ask that you justify some or all expenditures. You should have receipts and other documents available for the court's review, if requested. If you do not file your accounting as required, the court will order you to do so. You may be removed as guardian for failure to file an accounting.
l. Format - As guardian of the estate, you must comply with all state and local rules when filing your accounting. A particular format is specified in the Probate Code, which you must follow when you present your account to the court. You should check local rules for any special local requirements.
m. Legal advice - An attorney can advise you and help you prepare your inventories, accountings, and petitions to the court. If you have questions, you should consult with an attorney.
- OTHER GENERAL INFORMATION a. Removal of a guardian - A guardian may be removed for specific reasons or when it is in the child's best interest. A guardian may be removed either on the court's own motion or by a petition filed by the child, a relative of the child, or any other interested person. If necessary, the court may appoint a successor guardian, or the court may return the child to a parent if that is found to be in the child's best interest.
b. Legal documents - For your appointment as guardian to be valid, the Order Appointing Guardian of Minor must be signed. Once the court signs the order, the guardian must go to the clerk's office, where Letters of Guardianship will be issued. Letters of Guardianship is a legal document that provides proof that you have been appointed and are serving as the guardian of a minor. You should obtain several certified copies of the Letters from the clerk. These legal documents will be of assistance to you in the performance of your duties, such as enrolling the child in school, obtaining medical care, and taking care of estate business.
c. Attorneys and legal resources - If you have an attorney, the attorney will advise you on your duties and responsibilities, the limits of your authority, the rights of the child, and your dealings with the court. If you have legal questions, you should consult with your attorney. Please remember that the court staff cannot give you legal advice.
(Continued on page five)
GC-248 [New January 1, 2001 ] DUTIES OF GUARDIAN Page four of five (Probate)
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GC-248 GUARDIAN OF (Name): CASE NUMBER: MINOR
If you are not represented by an attorney, you may obtain answers to your questions by contacting
community resources, private publications, or your local law library.
NOTICE: This statement of duties is a summary and is not a complete statement of the law. Your conduct as a probate guardian is governed by the law itself and not by this summary.
ACKNOWLEDGMENT OF RECEIPT
I have petitioned the court to be appointed as a guardian.
I acknowledge that I have received a copy of this statement of the duties of the position of guardian.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)
GC-248 [New January 1, 2001 ] DUTIES OF GUARDIAN Page five of five (Probate)
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
GUARDIANSHIP OF:
CASE NUMBER
ORDER DIRECTING OR WAIVING INVESTIGATION
The court has reviewed the petition for appointment of guardian, and determined:
The proposed guardianship is for the person only. The proposed guardianship is for the person and estate. The proposed guardianship is for the estate only.
The proposed guardian is a relative.
a. Family Court Services (FCS) will investigate. Petitioner must contact FCS within three days of this order
and complete a Guardianship Questionnaire (SDSC Form #FCS-045).b. The petition is accompanied by a Petition for Special Immigrant Juvenile Findings (JC Form #GC-
220) and:(1) The proposed ward will be under 18 on the date of the hearing. Family Court Services (FCS) will
conduct an abbreviated investigation. Petitioner must contact FCS within three days of this order
and complete a Guardianship Questionnaire (SDSC Form #FCS-045).(2) The proposed ward will be 18 or older on the date of the hearing. The court waives the
investigation and report required by Probate Code section 1513.c. The petition seeks appointment of a parent as joint guardian pursuant to Probate Code section 2105(g).
Family Court Services (FCS) will conduct an abbreviated investigation. Petitioner must contact FCS within
three days of this order and complete a Guardianship Questionnaire (SDSC Form #FCS-045).The proposed guardian is not a relative.
a. Health and Human Services Agency (HHSA) will investigate and file a report pursuant to Probate Code
section 1513. Petitioner must contact HHSA within three days of this order.b. The petition is accompanied by a Petition for Special Immigrant Juvenile Findings (JC Form #GC-
220) and the proposed ward will be 18 or older on the date of the hearing. The court waives the
investigation and report required by Probate Code section 1513.The proposed guardianship is for the estate only. A Court Investigator will investigate and contact parties prior to the hearing date.
The court waives the investigation and report required by Probate Code section 1513.
IT IS SO ORDERED.
Date: Judge of the Superior Court
SDSC PR-063 (Rev. 5/26) ORDER DIRECTING OR WAIVING INVESTIGATION Prob. Code, § 1513 Mandatory Form
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GC-211 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
FAX NO. (Optional):
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIORSUPERIORCOURTCOURTOF CALIFORNIA,OF CALIFORNIA,COUNTY OFCOUNTY OF SAN DIEGO CENTRALSTREETDIVISION,ADDRESS: CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
GUARDIANSHIP OF THE PERSON ESTATE OF (Name):
CONSENT OF PROPOSED GUARDIAN CASE NUMBER:
NOMINATION OF GUARDIAN
CONSENT TO APPOINTMENT OF GUARDIAN AND WAIVER OF NOTICE
CONSENT OF PROPOSED GUARDIAN
I consent to serve as guardian of the person estate of the minor. Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PROPOSED GUARDIAN)
NOMINATION OF GUARDIAN
I am a parent of the minor a donor of a gift to the minor. I nominate (name and address):
as guardian of the person estate of the minor.
- I am a parent of the minor a donor of a gift to the minor. I nominate (name and address):
as guardian of the person estate of the minor. Date:
(TYPE OR PRINT NAME) (SIGNATURE)
NOTICE: The guardian of the person of a minor child has full legal and physical custody until the child becomes an adult or is adopted, the court changes guardians, or the court terminates the guardianship. Parents or other interested persons must petition the court to terminate the guardianship. The court will not do so unless the judge decides that termination would be in the child's best interest.
CONSENT TO APPOINTMENT OF GUARDIAN AND WAIVER OF NOTICE
- I consent to appointment of the guardian as requested in the Petition for Appointment of Guardian of Minor, filed on (date): . I am entitled to notice in this proceeding, but I waive notice of hearing of the petition, including notice of any request for independent powers contained in it. I waive timely receipt of a copy of the petition. DATE (TYPE OR PRINT NAME) (SIGNATURE) RELATIONSHIP TO MINOR DATE (TYPE OR PRINT NAME) (SIGNATURE) RELATIONSHIP TO MINOR
DATE (TYPE OR PRINT NAME) (SIGNATURE) RELATIONSHIP TO MINOR Continued on Attachment 4.
Form Adopted for Mandatory Use CONSENT OF PROPOSED GUARDIAN, NOMINATION OF GUARDIAN, Probate Code, §§ 1204, Judicial Council of California 1500–1502 GC-211 [Rev. January 1, 2004] AND CONSENT TO APPOINTMENT OF GUARDIAN AND WAIVER OF NOTICE
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers Notice of the hearing on a petition for appointment of a probate guardian must include a copy of this form. A California court can order care, custody, and control of a child transferred from a For more information onparent to another caregiver in a variety of cases. This form compares juvenile court probate guardianship of theand probate guardianship cases. In juvenile court, a foster parent, sometimes called a person, see Information on resource family, is a temporary caregiver. A guardian is a “permanent” caregiver. A Probate Guardianship of the probate court can also appoint a guardian, using different procedures and standards. Person (form GC-205-INFO). The three charts in this form compare the rights and duties, available services and For information on probate supports, and court processes in juvenile court and probate guardianship cases. guardianship of the estate, see Information on ProbateCharts in this form Guardianship of the Estate 1. The Rights and Duties of Different Types of Caregivers, at pages 2–4 (form GC-206-INFO). For Compares foster parents/resource families with probate guardians and juvenile more information on juvenile court guardians court guardianship, see 2. The Services and Financial Support Available to Different Types of Information on Juvenile Court Caregivers, at pages 5–8 Guardianship (form Compares foster parents/resource families, probate guardians, and juvenile court JV-350-INFO). guardians 3. How a Guardian Is Appointed and What Happens Afterward, at pages 9–11 Compares probate guardians with juvenile court guardians CAUTION: This form does not replace legal advice from a lawyer. Parents, potential caregivers, and potential guardians should consult a lawyer for answers to questions or concerns about their specific situation. Click this link, www.courts.ca.gov/selfhelp-findlawyer.htm, for help finding a lawyer. Starting a case in probate court or juvenile court A probate guardianship case begins when a private person files a petition to appoint a guardian. A juvenile dependency case begins only if the child welfare agency files a petition. However, a private person can ask the agency to file a petition. If the agency does not, that person can ask the juvenile court to order the agency to file a petition. Even if the agency files a petition, the juvenile court can deny it if the child doesn’t meet the legal standard. If the probate court thinks a juvenile dependency case might be appropriate after a guardianship case begins but before a guardian is appointed, the court can ask the agency to file a dependency petition and, if the agency does not, can ask the juvenile court to order the agency to file a petition. Families can also arrange for care and a place to live for a child without going to court. These arrangements are usually temporary and often involve documents such as a Caregiver’s Authorization Affidavit (see www.courts.ca.gov/documents/caregiver.pdf) or a Voluntary Placement Agreement with a child welfare agency (see www.cdss.ca.gov/cdssweb/entres/forms/english/soc155.pdf). Information on the Probate Guardianship of the Person (form GC-205-INFO) gives information about these arrangements. Foster parents/resource families If a juvenile court finds that a child cannot continue living safely at home, the court will order the child placed out of the home in the care and custody of the county child welfare agency (sometimes called child protective services or CPS). The agency can then place the child in the home of an approved foster parent. If a foster parent has been approved through the resource family approval (RFA) process, the foster parent is sometimes called a resource family, so this form uses the term “foster parent/resource family.” Approval as a foster parent/resource family is difficult and takes time. Some families will not be approved because they do not meet the strict standards. Guardians A guardian is an adult appointed by either the probate court or the juvenile court to take long-term care, custody, and control of a child when the child’s parents are unavailable or unable to care for the child. A relative or nonrelative can be appointed as guardian if the court finds the appointment is in the child’s best interest. In general, probate guardians have the same rights and duties as juvenile court guardians. However, probate guardians have access to different, and often fewer, financial supports, services, and resources. Judicial Council of California, www.courts.ca.gov GC-207-INFO/JV-352-INFO New January 1, 2023, Mandatory Form Comparison of Guardians With Page 1 of 11 Government Code, § 68511.1; Probate Code, § 1511 Other Nonparent Caregivers
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers
- The Rights and Duties of Different Types of Caregivers Guardians Foster Parents/Resource Families (Probate and Juvenile Court) Caregiver’s Fundamental Responsibilities and General Duties
A foster parent/resource family works with child A guardian, whether appointed by a probate court or juvenile welfare agency social workers to provide care, court, has the same general rights and duties toward the child as a supervision, and housing for the child. parent. In other words, a guardian has care, custody, and control of A foster parent/resource family receives foster the child. However, the court that appoints the guardian can order care funds for the child’s needs, such as food and the guardian to do or not to do certain things. clothing, and works with the social worker to The guardian is responsible for providing for food, clothing, make sure the child receives available resources shelter, education, and all the medical and dental needs of the and services if the child has special needs. child. The guardian must provide for the safety, protection, and physical and emotional growth of the child. Like a parent, a guardian should maintain close contact with the child’s school and doctor. If the child has special needs, the guardian must strive to meet those needs and secure appropriate services. Some children may have physical or learning disabilities. Other children come from abusive homes or have been victims of abuse. Counseling and other services may be necessary to help these children.
Custody and Visitation
Physical custody of the child—that is, the right to The guardian has legal and physical custody of the child. decide where the child lives—is with the child Parents can no longer make decisions for the child while there is a welfare agency unless the court orders a specific guardianship. The rights of the parents are completely placement. suspended—but not terminated—as long as the guardianship Parents retain legal custody subject to limitations remains in effect. set by the court. If a guardian is appointed, a parent or other person can ask the A foster parent/resource family must make sure court to order the guardian to let them visit or spend time with the the child takes part in visits and phone calls with child. (In juvenile court, the court must allow the parent to visit the parents and others authorized by the social worker child unless it would be detrimental to the child.) If the court does or ordered by the court. not make an order, the guardian can decide who visits the child. A foster parent/resource family cannot, on their After the child has been in the guardian’s custody for a minimum own, ask the court to terminate parental rights and time, varying from six months to three years depending on the adopt the child. They can, however, tell the social circumstances, the guardian may petition to terminate parental worker they would like to adopt the child. rights and adopt the child. Residence The social worker and the court decide who the A guardian decides where the child lives. The child normally will child will live with. live with the guardian, but the guardian can make other arrangements if they are in the best interest of the child. A guardian must give proper notice to the court and others of any address change of either the child or the guardian. A guardian must get court permission before changing the child’s residence to a place outside California.
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers
Guardians Foster Parents/Resource Families (Probate and Juvenile Court)
Health Care
The social worker arranges care and treatment for The guardian must make sure that the child’s health-care needs are the child’s medical, dental, and mental health met. In most cases, the guardian has the authority to consent to the needs, but the foster parent/resource family might child’s medical treatment. However, if the child is 14 years of age be responsible for scheduling and transporting the or older, surgery may not be performed on the child unless (1) child to these appointments. both the child and the guardian consent, (2) a court order specifically authorizes the surgery, or (3) an emergency exists. Parents keep their rights to make health-care decisions for the child except in an emergency or A guardian may not place a child in a mental health treatment if the court orders otherwise. facility against the child’s wishes. A separate legal process is required for such a placement. However, the guardian must obtain any counseling or other necessary mental health services needed by the child. The law also allows children to consent to certain types of treatment—including outpatient mental health treatment, medical care related to pregnancy or sexually transmitted diseases, and drug or alcohol treatment—without the consent of a parent or guardian.
Education
When a child is in foster care, parents retain the A guardian is responsible for the child’s education and holds the rights to make educational and developmental- child’s educational and developmental-services decisionmaking services decisions for the child unless the court rights, unless the court appoints someone else to hold them. If a limits these rights and assigns them to another child needs special education and related services, the guardian person. must advocate for the child with the school district and make the appropriate arrangements. (See page 8 for information about If the court limits parental rights to make financial support for children with special needs.) educational and developmental-services decisions, it may assign those rights to a foster parent/resource family. Otherwise, a foster parent/resource family cannot make those decisions or attend Individualized Education Program (IEP) meetings for the child unless invited by the person holding educational rights. A foster parent/resource family is responsible for making sure that the child attends school. If the child is receiving special education services, the foster parent/resource family works with the school district and service providers to ensure that the child receives all the services and supports in the child’s IEP. (See page 8 for information about financial support for children with special needs.)
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers Guardians Foster Parents/Resource Families (Probate and Juvenile Court) Consent to Changes to the Child’s Status A foster parent/resource family cannot consent to A guardian and the court must give permission for a minor child the child’s marriage, military enlistment, or to get married. driver’s license application, but the juvenile court A guardian may consent to a minor child’s enlistment in the armed can consent. services or application for a driver’s license. A guardian may apply for a passport for a minor child.
Financial Obligations
A foster parent/resource family receives foster The guardian is responsible for the day-to-day financial support of care funds to pay for the child’s needs. the child, even though the parents are still obligated to support the child. The guardian may take legal action or contact the local child support agency to obtain child support from a parent. The child may also be eligible for Aid to Families with Dependent Children—Foster Care (AFDC-FC), Social Security benefits, Veterans Administration benefits, Indian child welfare benefits, and support from other public or private sources. (See Chart 2.)
Legal Liability
Except in limited circumstances, a foster A guardian, like a parent, is liable for the harm and damage caused parent/resource family is immune from liability in by the willful misconduct of a child. (See Civil Code, a civil action to recover damages for injury, death, § 1714.1(a).) There is usually a limit on how much a guardian may or loss to person or property caused by an act or be required to pay. There are special rules concerning harm caused omission of a child or nonminor dependent while by the use of a firearm. the child or nonminor dependent is placed in the home of the foster parent/resource family. (See Welfare and Institutions Code section 362.06(b)(2).) If you are concerned about your liability for a child’s conduct, you should contact an attorney.
Other Rights or Duties
Foster parents/resource families are entitled to The court may require the guardian to perform other duties, such as notice of statutory review hearings and permanency completing a parenting class or attend counseling sessions with the hearings. They may attend the hearings and give child. The guardian must follow all court orders and cooperate with information about the child to the court. Caregivers court investigators. who wish to submit information in writing may use Court visitors and status reports: Some counties have programs Caregiver Information Form (form JV-290). in which “court visitors” track and review guardianships. If your Foster parents/resource families must be included county has such a program, you will be expected to cooperate with in a child’s Child and Family Team (CFT) and all the court visitor’s requests. In addition, a guardian may have to must be notified of every CFT meeting. They may fill out and file status reports. be invited to participate in or support a child’s services, such as counseling or other types of treatment.
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers 2. The Services and Financial Support Available to Different Types of Caregivers The payment amounts discussed below are updated annually based on the cost of living. Payments are made retroactively. For example, a child placed with a caregiver in January would receive funds for the month of January in February. The payment amounts given below are in effect from July 1, 2022, to June 30, 2023. For updated amounts, see www.cdss.ca.gov/inforesources/letters-regulations/letters-and-notices/all-county-letters.
Foster Parent/Resource Probate Guardian Juvenile Court Guardian Family
Cash Payments per Child—Relatives Before a relative is approved as a Child-only California Work Kinship Guardianship Assistance foster parent/resource family, Opportunity and Responsibility Payment (Kin-GAP) payments are Emergency Caregiver (EC) to Kids Program (CalWORKs) available to children who have lived with an funding is available at the foster payments are available for a child approved relative guardian for at least six care basic rate starting from the living with a relative guardian. The months. Kin-GAP families sign a written date the child is placed with the income of the family is considered agreement with the county. The Kin-GAP relative. EC funding is limited to in calculating the amount of cash payments begin once the agreement is the foster care basic rate, $1,129 aid the family receives. signed and the juvenile court terminates the per month. dependency case. Payments are approximately one- After approval, the foster half of the foster care basic rate Payments cannot exceed the amount the parent/resource family will receive paid to nonrelatives. A relative child was receiving in foster care, but they foster care payments through caregiver can receive this can include the foster care basic rate and federal Aid for Families with assistance before appointment as any special needs supplements the child was Dependent Children—Foster guardian if the child lives with the receiving. The income of the child’s Care (AFDC-FC). These relative. Payments can drop below parents, Kin-GAP guardian, or any other payments are set at the foster care one-half of the foster care basic relative living in the household is not used basic rate, $1,129 per month. rate if there are multiple children to determine the child’s Kin-GAP in the home. eligibility. There are different eligibility requirements for federal and state CalWORKs Maximum Aid Kin-GAP payments generally end when a AFDC-FC. The child welfare Payment (MAP) levels depend on child turns 18 but can continue until age 19 agency will determine eligibility. variables such as geographic if the child is completing high school or For a child in relative foster care region and exempt/nonexempt until age 21 if the Kin-GAP payments who is not eligible for federal status and are hard to calculate. started after the child turned 16 or if the AFDC-FC or EC, Approved From October 1, 2022, to child has an ongoing disability. Relative Caregiver (ARC) September 30, 2024, MAP If the court keeps the juvenile case open payments are available. These amounts for one child in California after appointing a relative guardian, the payments are set at the foster care are expected to range from $669 to guardian can receive Approved Relative basic rate, $1,129 per month. $779 per month. A social worker Caregiver (ARC) or foster care payments who specializes in benefits would California foster youth who are instead of Kin-GAP. be the best person to ask about placed with a relative out of state MAP levels for cash aid. In very rare situations, a relative guardian are eligible for funds at the foster may not qualify for Kin-GAP, foster care, or care rate in the state where they are Payments end when the child turns ARC payments, but may still qualify for placed. 18 years old, but it is possible to California Work Opportunity and extend payments to age 19 if the Responsibility to Kids Program child is completing high school. (CalWORKs) payments.
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers
Foster Parent/Resource Probate Guardian Juvenile Court Guardian Family
Cash Payments per Child—Nonrelatives
Before approval as a resource No cash payments are available State Aid to Families with Dependent family, a nonrelative foster until a guardian is appointed and Children—Foster Care (AFDC-FC) is parent/resource family may receive the child begins living with the available to children who live with a Emergency Caregiver (EC) guardian. nonrelative guardian. This rate may change funding at the foster care basic depending on where you live, so before you An eligible child living with a rate, $1,129 per month, starting move, ask if there will be a rate change. The nonrelative probate guardian may from the date the child is placed foster care basic rate is $1,129 per month. receive state Aid to Families with with the nonrelative. Dependent Children—Foster A youth who continues living with a former After approval, the foster Care (AFDC-FC) payments nonrelative guardian after reaching age 18 parent/resource family will receive equivalent to the foster care basic can continue to receive AFDC-FC payments foster care payments. Nonrelative rate, $1,129 per month, after the until they turn 21 if they meet certain resource families receive Aid to court establishes a temporary participation criteria related to work, school, Families with Dependent guardianship. or activities designed to remove barriers to Children—Foster Care (AFDC- employment. Payments usually end when the FC) funds. There are federal and child turns 18 years old but may state AFDC-FC funding programs, continue to age 19 if the child is and they have different eligibility completing high school or to age requirements. The foster care basic 21 if the child has a disability. rate is $1,129 per month.
Medical Insurance
Children who qualify for the cash A child who qualifies for Children who qualify for Kin-GAP, ARC, payments described above are also CalWORKs (relative guardian) or or CalWORKs payments also receive full- eligible for full-scope Medi-Cal AFDC-FC (nonrelative guardian) scope Medi-Cal health care services. services. Youth are eligible for payments is eligible for Medi-Cal. Former Foster Youth Medi-Cal After turning 18, a youth is not up to age 26. eligible for Former Foster Youth Medi-Cal but may qualify for Medi-Cal based on income.
Extended Foster Care and Other Transition Age Supports
Extended Foster Care benefits A youth who turns 18 in a probate Extended Foster Care benefits are not are available for youth living in guardianship is not eligible for available for a youth who is under juvenile foster care when they turn 18. Extended Foster Care, court guardianship when the youth turns 18 These nonminor dependents can Independent Living Program years old. But if the former guardian dies or receive ongoing case management services, or Chafee Education no longer provides ongoing support to the and EFC payments until they turn and Training Vouchers. youth, the youth can ask the juvenile court 21; they may also qualify for to open the dependency case again. If the transitional housing and court does, the youth may qualify for EFC independent living placements. payments if they complete the requirements.
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers
Foster Parent/Resource Probate Guardian Juvenile Court Guardian Family
Extended Foster Care and Other Transition Age Supports Payment amounts vary by the type However, a youth living with a Independent Living Program funding is of living arrangement. They range former guardian and receiving available for current and former foster youth from the foster care basic rate of CalWORKs (relative) or AFDC- up to age 21, if they were in foster care on $1,129 per month to $5,720 per FC (nonrelative) payments may or after age 16, they entered into a Kin-GAP month for a parenting youth living continue receiving payments until guardianship after age 16, or they entered in transitional housing in a high- age 19 if the youth is completing into a nonrelated legal guardianship through cost county. high school or another eligible juvenile court after age 8. This funding can education program or until age 21 help youth learn to manage their household Independent Living Program if the youth has a disability. and money and help them with education, funding is available for current and housing, and employment. former foster youth up to age 21, if they were in foster care on or after Chafee Education and Training Vouchers they reached age 16. This funding may be available. See the Foster can help youth learn household Parent/Resource Family column for details. and money management and help them with education, housing, and employment. Chafee Education and Training Vouchers for postsecondary education are available for youth who were in foster care on or after age 16. Vouchers are worth up to $5,000 per year. Childcare Assistance The Emergency Child Care Income-based childcare assistance Emergency Child Care Bridge program Bridge program provides may be available to children in benefits are not available after a childcare vouchers and navigation probate guardianships. guardianship is established, but income- support to caregivers of children in based childcare assistance may be available. foster care and to foster youth who have children of their own. Eligibility depends on available funding and county policy. California offers a variety of publicly funded childcare programs to eligible families. Information on Probate Guardianship of the Person (form GC-205-INFO) and Information on Juvenile Court Guardianship (form JV-350-INFO) give more information on these programs. Local childcare resource and referral agencies help families find childcare and determine whether they qualify for publicly funded childcare. Parents and guardians can find a local resource and referral agency here: https://rrnetwork.org/family-services/find-child-care.
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers
Foster Parent/Resource Family Probate Guardian Juvenile Court Guardian
Special Needs Supplemental Payments Special needs supplemental payments may be No special needs supplemental Special needs supplemental available. These payments are in addition to the payments are available to a child payments may be available. basic rate, and can include: with living with a relative probate These include: guardian. Level of Care based on the physical, behavioral, • Level of Care emotional, educational, health, and permanency A child living with a nonrelative • Intensive Services care provided to a child. Payments range from probate guardian and receiving Foster Care $1,129 to $1,510 per month. state AFDC-FC payments may • Specialized Care also, if eligible, receive a Increments Intensive Services Foster Care for children with specialized care increment, a • Dual Agency Rate intensive medical, behavioral, developmental, or clothing allowance, or the teen • Whole Family Foster emotional needs. The payment is $2,946 per parent part of a Whole Family Home and Infant month. Foster Home payment. Supplement Specialized Care Increments for children with • Clothing Allowance See the Foster Parent/Resource special medical, behavioral, developmental, or Family column for details about emotional needs. The amounts of these payments these payments. See the Foster are set by the county. For more information, see Parent/Resource Family www.cdss.ca.gov/inforesources/foster- column for details about care/specialized-care or speak to a social worker. these payments. Dual Agency Rate for children in foster care who also qualify for regional center services. These rates are $1,323 per month for a child up to 3 years old and $2,955 per month for a child over 3. Whole Family Foster Home and Infant Supplement payments are available to support youth living in foster care with their nondependent children. This rate is $900 per month. An Expectant Parent Payment is available to support a youth in foster care for the last three months of pregnancy. This payment is $2,700. A Clothing Allowance is available for foster children in some counties. The payment amount varies by county. Education Travel Reimbursement is available to caregivers who transport a child to the child’s school of origin (the school the child was attending before being placed in the resource family home). This rate is set by the state based on two round trips per day between the foster/resource family home and the school.
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers 3. How a Guardian Is Appointed and What Happens Afterward
STAGE Probate Guardian Juvenile Court Guardian Petition A person who wants to be appointed guardian of To start a juvenile court case, a county social a child must file a petition with the probate court. worker or prosecuting attorney must file a The child’s parent or the child, if at least 12 years petition in juvenile court. old, can also file the petition. (See Information on Probate Guardianship of the Person (form GC-205-INFO).) Investigation Before the court decides to appoint a guardian, The social worker or probation officer conducts an investigation is usually required. If the an investigation to determine, among other proposed guardian is a relative, a court things, whether to detain the child temporarily investigator conducts the investigation. If the out of the parent’s home and whether to proposed guardian is not a relative, a county recommend that the court remove the child from social worker conducts the investigation. The the parent’s home. A person who wants to serve investigator prepares a report, makes a as guardian of a child in juvenile court should recommendation whether the petition should be contact the child’s social worker or probation granted, and files the report with the court, which officer early in the case to ask if the child can makes it available to all persons served in the live with them. proceeding and their attorneys. The parent and the proposed guardian are responsible for the costs of the investigation unless payment would be a hardship. Appointment The probate court has the authority to appoint an In a dependency case, the juvenile court must of Counsel attorney to represent the child. The court may appoint counsel for the child unless it finds that also appoint an attorney for the Indian custodian the child would not benefit from the or biological parent of an Indian child but does appointment. And in almost every case, the court not otherwise have the authority to appoint appoints counsel for a parent who cannot afford counsel for a parent. counsel. In a juvenile justice case, the court must appoint counsel for the child if the child appears without counsel. The court may also appoint separate counsel for a parent in specific circumstances. Hearing The court holds a hearing to decide whether to The court holds a hearing to decide if the petition appoint a guardian. A parent or other interested is true and whether to order the child placed out person may go to the hearing and object, orally of the parent’s home. If it decides the child or in writing, to the appointment of a guardian cannot live safely at home, the court will not for the child or to the appointment of the person appoint a guardian right away unless the parents proposed as guardian in the petition. The court and child agree. Instead, it will order the child will decide whether appointing a guardian is placed first with a foster parent/resource family necessary and in the child’s best interest. and order the social worker or probation officer to provide reunification services (see below). Reunification The probate court cannot order family The juvenile court can order services to help the Services reunification services but can order supportive parents and child reunify (live together safely) services for the guardian and child, if needed. before it chooses a permanent plan (e.g., guardianship) but not afterward.
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers
STAGE Probate Guardian Juvenile Court Guardian Decision to If the probate court finds that appointment of a The juvenile court may appoint a guardian at Appoint a guardian is necessary and in the child’s best different times during the case, after making the Guardian interest, the court may appoint a guardian. required findings. In a dependency case, if the court finds that the petition is true, it can appoint a guardian for the child at the dispositional hearing, if the parents and the child agree and the court finds that appointing the guardian is in the child’s best interest. In a juvenile justice case, the court can appoint a guardian for the child at any time after the dispositional hearing if the probation officer recommends it or the child’s attorney requests it. In either a dependency or juvenile justice case, if the court has ordered out- of-home placement and denied or terminated reunification services, the court can appoint a guardian as the child’s permanent plan at a separate hearing. The court decides whom to appoint as guardian. The person who has been caring for the child is almost always appointed. The procedures for appointing a guardian are generally the same in dependency and juvenile justice, but there are some differences. For more information, see Information on Juvenile Court Guardianship (form JV-350-INFO), and check with the social worker or probation officer. Court After a guardian is appointed, there are no The juvenile court keeps jurisdiction over the Oversight regular court hearings, although the probate court guardianship. When the court appoints a has the authority to regulate and control the guardian, it must also issue parental visitation guardian’s actions. The court can order the orders unless it finds that visitation would be guardian to allow visitation of the child with detrimental to the child. parents or other persons. In many cases after the guardianship is granted, The court may order the guardian to submit an especially if the guardian is related to the child, annual status report to the court and, depending the court will terminate dependency or juvenile on the county, the court may hold a hearing. (See justice jurisdiction and will not hold any more Information on Probate Guardianship of the regularly scheduled court hearings. In other Person (form GC-205-INFO).) cases, the court will grant the guardianship, keep dependency or juvenile justice jurisdiction, and On receipt of a request, the court may order the continue to hold regular review hearings. After it guardian to take action. The court may also order terminates juvenile jurisdiction, the juvenile the guardian to appear and explain actions they court keeps jurisdiction over the guardianship have taken; the court may approve or rescind and can give orders to the guardian. those actions. Any request to change a court order, including a visitation order, or to end the guardianship must be filed in the juvenile court using Request to Change Court Order (form JV-180).
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Comparison of Guardians With Other Nonparent GC-207-INFO/JV-352-INFO Caregivers
STAGE Probate Guardian Juvenile Court Guardian Role of Social A county social worker is responsible for If the dependency or juvenile justice case is kept Worker or screening any proposed guardian and for open after guardianship is granted, the social Probation conducting the guardianship investigation if the worker or probation officer will provide support Officer proposed guardian is not related to the child. to the guardian and child and prepare reports for If the probate court thinks a child who is the scheduled juvenile court hearings. subject of a guardianship petition may be abused If the juvenile dependency or juvenile justice or neglected, it can ask a social worker to case is closed after guardianship is granted, the investigate and file a dependency petition in the juvenile court will continue to oversee the juvenile court before it decides whether to guardianship. Continued involvement by the appoint a guardian. If the social worker files a social worker or probation officer will depend on dependency petition, then the juvenile court will any services and financial support the child have authority over the child’s custody and continues to receive. placement. The probate court case will be put on hold until the juvenile court case is over. After a probate guardian is appointed, no social worker is involved unless the child or guardian receives public financial support or services. Terminating The guardianship automatically terminates (ends) The guardianship automatically terminates when Guardianship when the child turns 18 or if, before turning 18, the child turns 18 or if, before reaching age 18, the child dies, is emancipated by court order, gets the child dies, is emancipated by court order, gets married, joins the armed services, or is adopted. married, joins the armed services, or is adopted. If the guardian, a parent, the child, an Indian The court can terminate the guardianship if it custodian, or the child’s tribe shows that it is in finds that another permanent plan, such as the child’s best interest, the court can end the adoption, is in the child’s best interest. A social guardianship before the child turns 18. The worker or probation officer, the guardian, a longer the child has lived with the guardian, the parent, the child, an Indian custodian, or the harder it is to show that termination is in the child’s tribe can file a request with the juvenile child’s best interest. court to terminate the guardianship. If the child consents, the court can extend a guardianship up to the child’s 21st birthday to let the child complete a federal application for Special Immigrant Juvenile status. Terminating Appointment of a probate guardian suspends Appointment of a juvenile court guardian Parental parental rights, but does not terminate them. suspends parental rights, but does not terminate Rights However, under the Probate Code, if a child has them. A social worker or probation officer, the been living with the guardian for at least two guardian, or the child can file a request with the years, the guardian can file a petition to terminate juvenile court to terminate parental rights and parental rights so that the guardian can adopt the change the permanent plan to adoption. The child. Parents are entitled to appointed counsel if court will hold a hearing to decide whether to this happens. In some situations, specified in the grant the request. Each parent is entitled to notice Family Code, the guardian can ask to adopt the of the hearing, to participate, and to have an child after as few as six months have passed or attorney appointed for them. may need to wait up to three years. If the child is an Indian child, the Indian Child If the child is an Indian child, the Indian Child Welfare Act requires different procedures. Welfare Act requires different procedures.
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
GUARDIANSHIP OF:
CASE NUMBER
PROOF OF PERSONAL SERVICE (GUARDIANSHIP)
I, , declare:
At the time of service I was at least 18 years of age and not a party to this case.
I am a resident of or employed in the county where service occurred.
My business or residence address is:
I served copies of the following paper(s) for the TEMPORARY Guardianship set for hearing on:
Date: Time: a.m. p.m. in Dept.:
Address of court same as noted above is (specify): Petition for Appointment of Temporary Guardian of the Person (JC Form #GC-110(P)) Notice of Hearing – Guardianship or Conservatorship (JC Form #GC-020) Other (list exact titles of paper(s) served):
I served copies of the following paper(s) for the GENERAL Guardianship set for hearing on:
Date: Time: a.m. p.m. in Dept.:
Address of court same as noted above is (specify): Petition for Appointment of Guardian of Minor (JC Form #GC-210/210(P)) Guardianship Petition – Child Information Attachment (JC Form #GC-210(CA)) Notice of Hearing – Guardianship or Conservatorship (JC Form #GC-020) Notice of Case Assignment (SDSC Form #PR-156) Comparison of Guardians With Other Nonparent Caregivers (JC Form #GC-207-INFO/JV-352-INFO) Other (list exact titles of paper(s) served):
- I personally delivered these papers to
(a) Name of person served:
(b) Address where served:
(c) Date served: Time served:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Type or print name Signature
SDSC PR-086 (Rev. 1/23) PROOF OF PERSONAL SERVICE (GUARDIANSHIP) Prob. Code § 1511 Optional Form
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GC-020 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIORSUPERIORCOURTCOURTOF CALIFORNIA,OF CALIFORNIA,COUNTY OFCOUNTY OF SAN DIEGO CENTRALSTREETDIVISION,ADDRESS: CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
GUARDIANSHIP CONSERVATORSHIP OF THE PERSON ESTATE
OF (Name):
MINOR (PROPOSED) CONSERVATEE
CASE NUMBER:
NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP
This notice is required by law.
This notice does not require you to appear in court, but you may attend the hearing if you wish.
NOTICE is given that (name): (representative capacity, if any): has filed (specify):
You may refer to documents on file in this proceeding for more information. (Some documents filed with the court are confidential. Under some circumstances you or your attorney may be able to see or receive copies of confidential documents if you file papers in the proceeding or apply to the court.)
The petition includes an application for the independent exercise of powers by a guardian or conservator under
Probate Code section 2108 Probate Code section 2590.
Powers requested are specified below specified in Attachment 3.A HEARING on the matter will be held as follows:
a. Date: Time: Dept.: Room:
b. Address of court same as noted above is (specify):
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for Accommodations by Persons with Disabilities and Order (form MC-410). (Civil Code section 54.8.)
Form Adopted for Mandatory Use Probate Code, §§ 1264, Judicial Council of California NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP 1460–1469, 1511, 1822 GC-020 [Rev. July 1, 2005] (Probate—Guardianships and Conservatorships) www.courtinfo.ca.gov
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GUARDIANSHIP CONSERVATORSHIP OF THE PERSON ESTATE CASE NUMBER: OF (Name):
MINOR (PROPOSED) CONSERVATEE
NOTE: *
A copy of this Notice of Hearing—Guardianship or Conservatorship ("Notice") must be "served" on—delivered to—each person who has the right under the law to be notified of the date, time, place, and purpose of a court hearing in a guardianship or conservatorship. Copies of this Notice may be served by mail in most situations. In a guardianship, however, copies of this Notice must sometimes be personally served on certain persons; and copies of this Notice may be personally served instead of served by mail in both guardianships and conservatorships. The petitioner (the person who requested the court hearing) may not personally perform either service by mail or personal service, but must show the court that copies of this Notice have been served in a way the law allows. The petitioner does this by arranging for someone else to perform the service and complete and sign a proof of service, which the petitioner then files with the original Notice. This page contains a proof of service that may be used only to show service by mail. To show personal service, each person who performs the service must complete and sign a proof of personal service, and each signed copy of that proof of service must be attached to this Notice when it is filed with the court.. You may use form GC-020(P) to show personal service of this Notice.
(This Note replaces the clerk's certificate of posting on prior versions of this form. If notice by posting is desired, attach a copy of form GC-020(C), Clerk's Certificate of Posting Notice of Hearing—Guardianship or Conservatorship. (See Prob. Code, § 2543(c).)
PROOF OF SERVICE BY MAIL
I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred.
My residence or business address is (specify):
I served the foregoing Notice of Hearing—Guardianship or Conservatorship on each person named below by enclosing a copy in
an envelope addressed as shown below AND a. depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4 with the postage fully prepaid. b. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.
- a. Date mailed: b. Place mailed (city, state):
I served with the Notice of Hearing—Guardianship or Conservatorship a copy of the petition or other document referred to in
the Notice.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
Name of person served Address (number, street, city, state, and zip code)
Continued on an attachment. (You may use form DE-120(MA)/GC-020(MA) to show additional persons served.)
GC-020 [Rev. July 1, 2005] NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP Page 2 of 2 (Probate—Guardianships and Conservatorships)
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GC-240 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
GUARDIANSHIP OF THE PERSON ESTATE OF (name):
ORDER APPOINTING GUARDIAN CASE NUMBER:
OR EXTENDING GUARDIANSHIP OF THE PERSON
WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.
The petition for appointment of a guardian or extension of a guardianship of the person came on for hearing as follows (check boxes c, d, and e to indicate personal presence):
a. Judge (name): b. Hearing date: Time: Dept.: Room: c. Petitioner (name): d. Attorney for Petitioner (name): e. Attorney for (proposed) ward (name, address, e-mail, and telephone):
THE COURT FINDS
a. All notices required by law have been given. b. Notice of hearing to the following persons has been should be dispensed with (names):
Appointment of a guardian of the person estate of the proposed ward is necessary and convenient.
(NOTE: The Probate Code does not authorize the appointment of a guardian of the estate for a proposed ward 18 years of
age or older.)Extension of the guardianship of the person past the ward's 18th birthday is necessary and convenient.
Granting the guardian powers to be exercised independently under Probate Code section 2590 is to the advantage and benefit and is in the best interest of the guardianship estate.
Attorney (name): has been appointed by the court as legal
counsel to represent the (proposed) ward in these proceedings. The cost for representation is: $The appointed court investigator, probation officer, or domestic relations investigator is (name, title, address, and telephone):
Do NOT use this form for a temporary guardianship. Page 1 of 3
Form Adopted for Mandatory Use Probate Code, §§ 1510.1, 1514, Judicial Council of California ORDER APPOINTING GUARDIAN 2310 GC-240 [Rev. July 1, 2016] OR EXTENDING GUARDIANSHIP OF THE PERSON (Probate—Guardianships and Conservatorships)
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GC-240 GUARDIANSHIP OF THE PERSON ESTATE OF CASE NUMBER: (name):
THE COURT ORDERS 8. a. (name): (address): (telephone):
is appointed guardian of the PERSON of (name):
and Letters shall issue upon qualification.
b. (Not applicable to a proposed ward 18 years of age or older.) (name): (address): (telephone):
is appointed guardian of the ESTATE of (name):
and Letters shall issue upon qualification.
c. The appointment of (name): (address): (telephone):
as guardian of the PERSON of (name): is extended past the ward's 18th birthday and new Letters shall issue forthwith.
Notice of hearing to the persons named in item 2b is dispensed with.
a. Bond is not required.
b. Bond is fixed at: $ to be furnished by an authorized surety company or as otherwise provided by law.
c. Deposits of: $ are ordered to be placed in a blocked account at (specify institution and location):
and receipts shall be filed. No withdrawals shall be made without a court order. Additional orders in Attachment 10c.
d. The guardian is not authorized to take possession of money or any other property without a specific court order.
For legal services rendered on behalf of the (proposed) ward, the parents of the (proposed) ward
the (proposed) ward's estate shall pay to (name):
the sum of: $
forthwith as follows (specify terms, including any combination of payers):The guardian of the estate is granted authorization under Probate Code section 2590 to exercise independently the powers
specified in Attachment 12 subject to the conditions provided.Orders are granted relating to the powers and duties of the guardian of the person under Probate Code sections 2351– 2358 as specified in Attachment 13.
GC-240 [Rev. July 1, 2016] Page 2 of 3 ORDER APPOINTING GUARDIAN OR EXTENDING GUARDIANSHIP OF THE PERSON (Probate—Guardianships and Conservatorships)
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GC-240 GUARDIANSHIP OF THE PERSON ESTATE OF CASE NUMBER: (name):
Orders are granted relating to the conditions imposed under Probate Code section 2402 upon the guardian of the estate as specified in Attachment 14.
Other orders as specified in Attachment 15 are granted.
The probate referee appointed is (name and address):
Number of boxes checked in items 9–16:
Number of pages attached:
Date:
JUDGE OF THE SUPERIOR COURT
SIGNATURE FOLLOWS LAST ATTACHMENT
GC-240 [Rev. July 1, 2016] Page 3 of 3 ORDER APPOINTING GUARDIAN OR EXTENDING GUARDIANSHIP OF THE PERSON (Probate—Guardianships and Conservatorships)
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GC-250 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS:
ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
GUARDIANSHIP OF (name):
LETTERS OF GUARDIANSHIP CASE NUMBER:
Person Estate
LETTERS
(Name): is appointed guardian of the person estate
of (name):The appointment of (name): as guardian of the person of
(name):
is extended past the ward's 18th birthday as of (date):Other powers have been granted and conditions have been imposed as follows:
a. Powers to be exercised independently under Probate Code section 2590 are specified in attachment 3a (specify powers, restrictions, conditions, and limitations). b. Conditions relating to the care and custody of the property under Probate Code section 2402 are specified in attachment 3b. c. Conditions relating to the care, treatment, education, and welfare of the ward under Probate Code section 2358 are specified in attachment 3c. d. Other powers granted or conditions imposed are specified on attachment 3d specified below.
The guardian is not authorized to take possession of money or any other property without a specific court order.
The guardianship of the person terminates by operation of law on (date):
Number of pages attached:
WITNESS, clerk of the court, with seal of the court affixed.
(SEAL) Date:
Clerk, by , Deputy
Form Adopted for Mandatory Use LETTERS OF GUARDIANSHIP Probate Code, §§ 2310, 2311, 2890–2893Judicial Council of California www.courts.ca.gov GC-250 [Rev. July 1, 2016] (Probate—Guardianships and Conservatorships)
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GC-250 GUARDIANSHIP OF CASE NUMBER: (name):
NOTICE TO INSTITUTIONS AND FINANCIAL INSTITUTIONS (Probate Code sections 2890–2893)
When these Letters of Guardianship (Letters) are delivered to you as an employee or other representative of an institution or financial institution (described below) in order for the guardian of the estate (1) to take possession or control of an asset of the minor named above held by your institution (including changing title, withdrawing all or any portion of the asset, or transferring all or any portion of the asset) or (2) to open or change the name of an account or a safe-deposit box in your financial institution to reflect the guardianship, you must fill out Judicial Council form GC-050 (for an institution) or form GC-051 (for a financial institution). An officer authorized by your institution or financial institution must date and sign the form, and you must file the completed form with the court. There is no filing fee for filing the form. You may either arrange for personal delivery of the form or mail it to the court for filing at the address given for the court on page 1 of these Letters. The guardian should deliver a blank copy of the appropriate form to you with these Letters, but it is your institution’s or financial institution’s responsibility to complete the correct form, have an authorized officer sign it, and file the completed form with the court. If the correct form is not delivered with these Letters or is unavailable for any other reason, blank copies of the forms may be obtained from the court. The forms may also be accessed from the judicial branch’s public website free of charge. The Internet address (URL) is www.courts.ca.gov/forms.htm. Select the form group Probate—Guardianships and Conservatorships and scroll down to form GC-050 for an institution or form GC-051 for a financial institution. The forms may be printed out as blank forms and filled in by typewriter (nonfillable form) or may be filled out online and printed out ready for signature and filing (fillable form). An institution under California Probate Code section 2890(c) is an insurance company, insurance broker, insurance agent, investment company, investment bank, securities broker-dealer, investment advisor, financial planner, financial advisor, or any other person who takes, holds, or controls an asset subject to a conservatorship or guardianship other than a financial institution. Institutions must file a Notice of Taking Possession or Control of an Asset of Minor or Conservatee (form GC-050) for an asset of the minor or conservatee held by the institution. A single form may be filed for all affected assets held by the institution. A financial institution under California Probate Code section 2892(b) is a bank, trust (including a Totten trust account but excluding other trust arrangements described in Probate Code section 82(b)), savings and loan association, savings bank, industrial bank, or credit union. Financial institutions must file a Notice of Opening or Changing a Guardianship or Conservatorship Account or Safe- Deposit Box (form GC-051) for an account or a safe-deposit box held by the financial institution. A single form may be filed for all affected accounts or safe-deposit boxes held by the financial institution.
LETTERS OF GUARDIANSHIP
AFFIRMATION
I solemnly affirm that I will perform according to law the duties of guardian.
Executed on (date): , at (place):
(TYPE OR PRINT NAME) (SIGNATURE OF APPOINTEE)
CERTIFICATION
I certify that this document, including any attachments, is a correct copy of the original on file in my office, and that the Letters issued to the person appointed above have not been revoked, annulled, or set aside, and are still in full force and effect.
(SEAL)
Date:
Clerk, by , Deputy
GC-250 [Rev. July 1, 2016] LETTERS OF GUARDIANSHIP Page 2 of 2 (Probate—Guardianships and Conservatorships)
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Petition for Appointment of Clerk stamps date here when form is filed. GC-110(P) Temporary Guardian of the Person Temporary guardianship of (all children’s names):
You may use this form or Petition for Appointment of Temporary Guardian or Conservator (form GC-110) to ask the court to appoint a temporary guardian of the1 person for a minor child. (You must use form GC-110 to ask for appointment of a temporary guardian of a minor child’s estate or person and estate.) You may use this form to request appointment of a temporary guardian for one or more than one child. A petition for appointment of a (general) guardian concerning this child or these children (form GC-210 or form Fill in court name and street address: GC-210(P)) must have already been filed in this case or filed with this petition. Superior Court of California, County of San Diego 1 Your name (include the names of all persons who are requesting the court to appoint them or the person named in 4 as temporary guardian 1100 UNION ST., SAN DIEGO, CA 92101 of the child or children named above and in 6 . All must sign this form.): a.
b. Clerk fills in case number when form is filed.
2 Your address and telephone number: Street: Apt.: Case Number:
City:
State: Zip: Phone:
3 Your lawyer (if you have one):
Name: Bar No.:
Firm name, if any:
Street: Suite:
City: State: Zip:
Phone: Fax (optional): E-mail (optional):
4 I/We want to be the temporary guardian of the child or children named in 6 . (Go to 5 .) I/We want the person or persons named here to be the temporary guardian of the child or children named above. Tell the court about the proposed guardian(s) below. Name(s):
Street: Apt.:
City: State: Zip:
Phone:
I am the child or one of the children named in 6 and one of the persons named in 1 .
I am at least 12 years old. I want the person named here to be my temporary guardian.
My date of birth is (month/day/year):
Judicial Council of California, Petition for Appointment of Temporary Guardian of the Person GC-110(P), Page 1 of 4www.courtinfo.ca.gov Rev. January 1, 2009, Alternative Mandatory Form (Probate—Guardianships and Conservatorships) Instead of Form GC-110 Probate Code, § 2250; Cal. Rules of Court, rule 7.101
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Case Number: Temporary guardianship of (all children’s names):
5 The relationship of the proposed temporary guardian named in 1 or 4 to the child or children named in 6 is (check all that apply): Grandmother (father’s mother) Aunt Grandfather (father’s father) Uncle Grandmother (mother’s mother) Brother (adult) Grandfather (mother’s father) Sister (adult) Other Relative (explain relationship to child or children):
Not related to the child or children (explain proposed guardian’s interest in or connection to the child):
6 The child or children who need a temporary guardian are: a. Child’s full legal name:
Child’s current address:
Child’s current phone number:
b. Child’s full legal name:
Child’s current address:
Child’s current phone number: Check here if you want a temporary guardian for additional children. Give the information asked above for each additional child on a separate sheet of paper. Write “Form GC-110(P)—Attachment 6: Additional Children” at the top of the paper and attach it to this form.
7 Why do the child or children in 6 need a temporary guardian right now? The child or children need temporary care, maintenance, and support right now because (explain):
Check here if you need more space. Continue your explanation on a separate sheet of paper. Write “GC-110(P)—Item 7: Reasons for Appointment of Temporary Guardian” at the top of the paper and attach it to this form.
Rev. January 1, 2009 Petition for Appointment of Temporary Guardian of the Person GC-110(P), Page 2 of 4 (Probate—Guardianships and Conservatorships)
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Case Number: Temporary guardianship of (all children’s names):
8 Do I/we believe the child or children in 6 will go to the court hearing? Yes No
9 I/We ask the court to: a. Appoint the person named in 1 or 4 temporary guardian of the person of the child or children named in 6 and issue Letters of Temporary Guardianship of the Person. b. Order that I am/we are excused from having to give notice of the hearing on this petition for appointment of temporary guardian to (review the information given on the next page and check all items that apply below): (1) The child or children in 6 . (2) The child’s father (name): (3) The child’s mother (name): (4) A person other than a parent who has a court order for visitation with the child (name): Good cause exists for this request for the following reasons (explain, and include in your explanation efforts to find a person who could not be found):
Check here if you need more space. Continue your explanation on a separate sheet of paper. Write “Form GC-110(P)—Attachment 9: Request for a Good Cause Exception to Giving Notice” at the top of the paper and attach it to this form.
Rev. January 1, 2009 Petition for Appointment of Temporary Guardian of the Person GC-110(P), Page 3 of 4 (Probate—Guardianships and Conservatorships)
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Case Number: Temporary guardianship of (all children’s names):
INFORMATION ABOUT GIVING NOTICE OF THE HEARING ON YOUR
PETITION AND REQUESTING A GOOD CAUSE EXCEPTION TO GIVING NOTICE
You must give at least five days advance written notice of the court hearing on your petition for appointment of a temporary guardian. The written notice must be personally delivered to (1) the child if he or she is at least 12 years old, (2) the child’s parents, and (3) any person who has a valid and effective visitation order with the child. Written notice is given by delivering a filled-in copy of this petition and a filled-in copy of a Notice of Hearing—Guardianship or Conservatorship (form GC-020), showing the date, time, and place of the hearing and the title of this petition. See What Is “Proof of Service” in a Guardianship? (form GC-510) for more information on how to give notice in a guardianship and how to prove that you have given notice. The instructions in that form for personal service apply here, but the time limits for giving notice mentioned in that form do not apply to a temporary guardianship. There is much less time to complete this task when a petition for appointment of a temporary guardian is involved. The court may waive (excuse) or change the requirement of giving notice if you can show the court good cause why an exception should be made to the requirement of giving notice. This showing may be made by completing item 9b on page 3 of this form. If you want the court to waive notice to someone because he or she cannot be found, you must show the court that you have made reasonable efforts to find that person. See rules 7.52 and 7.1012 of the California Rules of Court for information on making reasonable efforts to find a person and on the good cause exception to notice of the hearing on a petition for appointment of a temporary guardian.
10 All attachments are made part of this form as though placed here. There are pages attached to this form. (If none, write “0.”) All persons named in 1 (petitioners) and their attorney (if they have one) must read and sign below. Date: Petitioner’s Attorney types or prints name here Petitioner’s Attorney signs here I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date: Petitioner types or prints name here Petitioner signs here Date:6 Petitioner types or prints name here Petitioner signs here
Rev. January 1, 2009 Petition for Appointment of Temporary Guardian of the Person GC-110(P), Page 4 of 4
(Probate—Guardianships and Conservatorships)
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GC-140
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRALSTREETDIVISION,ADDRESS: CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
TEMPORARY GUARDIANSHIP OF THE PERSON ESTATE OF (Name): MINOR CASE NUMBER: ORDER APPOINTING TEMPORARY GUARDIAN
WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.
The petition for appointment of a temporary guardian came on for hearing as follows (check boxes c–l to indicate personal presence): a. Judicial officer (name): b. Hearing date: Time: Dept.: Room: c. Petitioner (name): d. Attorney for petitioner (name): e. Minor (name): f. Attorney for minor (name): g. Minor’s parents (names): h. Attorney for minor’s parents (names): i. Person with valid visitation order (name): j. Attorney for person with valid visitation order (name): k. Public Guardian (name): l. Attorney for Public Guardian (name): THE COURT FINDS
a. Notice of the time and place of hearing has been given as required by law. b. Notice of the time and place of hearing has been should be dispensed with for (names):
It is necessary that a temporary guardian be appointed to provide for temporary care, maintenance, and support protect property from loss or injury pending the hearing on the petition for appointment of a general guardian. pending an appeal under Probate Code section 1301. during the suspension of powers of the guardian.
THE COURT ORDERS 4. a. (Name): (Address): (Telephone):
is appointed temporary guardian of the PERSON of (name):
and Letters shall issue upon qualification.
b. (Name):
(Address): (Telephone):
is appointed temporary guardian of the ESTATE of (name):
and Letters shall issue upon qualification.
Form Adopted for Mandatory Use ORDER APPOINTING TEMPORARY GUARDIAN Probate Code, §§ 2250–2254 Judicial Council of California GC-140 [Rev. January 1, 2009] (Probate—Guardianships and Conservatorships)
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GC-140 TEMPORARY GUARDIANSHIP OF CASE NUMBER: (Name): MINOR
Notice of hearing to the persons named in item 2b is dispensed with.
a. Bond is not required. b. Bond is fixed at: $ to be furnished by an authorized surety company or as otherwise provided by law. c. Deposits of: $ are ordered to be placed in a blocked account at (specify institution and location): and receipts shall be filed. No withdrawals shall be made without a court order. Additional orders in attachment 6c. d. The temporary guardian is not authorized to take possession of money or any other property without a specific court order.
In addition to the powers granted by law, the temporary guardian is granted other powers. These powers are specified
in attachment 7. below (specify):Other orders as specified in attachment 8 are granted.
Unless modified by further order of the court, this order expires on (date):
Number of boxes checked in items 4–9:
Number of pages attached:
Date:
JUDICIAL OFFICER
SIGNATURE FOLLOWS LAST ATTACHMENT
GC-140 [Rev. January 1, 2009] ORDER APPOINTING TEMPORARY GUARDIAN Page 2 of 2 (Probate—Guardianships and Conservatorships)
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GC-150 ATTORNEY OR PARTY WITHOUT ATTORNEY (name, address, and State Bar number): After recording, return to:
TEL NO.: FAX NO. (optional):
E-MAIL ADDRESS (optional):
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL COURTHOUSE, CENTRAL DIVISION, 1100 UNION ST., SAN DIEGO, CA 92101
FOR RECORDER'S USE ONLY
TEMPORARY GUARDIANSHIP CONSERVATORSHIP CASE NUMBER: OF (name): MINOR CONSERVATEE LETTERS OF TEMPORARY GUARDIANSHIP CONSERVATORSHIP FOR COURT USE ONLY Person Estate
LETTERS
(Name): is appointed temporary guardian conservator of the person estate of (name):
Other powers that have been granted or restrictions imposed on the temporary
guardian conservator are specified in Attachment 2.
specified below:These Letters shall expire a. on (date): or upon earlier issuance of Letters to a general guardian or conservator.
b. on other date (specify):
The temporary guardian conservator is not authorized to take possession of money or any other property
without a specific court order.Number of pages attached:
WITNESS, clerk of the court, with seal of the court affixed.
(SEAL) Date:
Clerk, by , Deputy
This form may be recorded as notice of the establishment of a temporary conservatorship of the estate as provided in Probate Code section 1875.
Form Adopted for Mandatory Use LETTERS OF TEMPORARY GUARDIANSHIP OR Probate Code, §§ 2250 et seq., 2890–2893; Judicial Council of California Code of Civil Procedure, § 2015.6 GC-150 [Rev. January 1, 2015] CONSERVATORSHIP www.courts.ca.gov (Probate—Guardianships and Conservatorships)
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GC-150 TEMPORARY GUARDIANSHIP CONSERVATORSHIP CASE NUMBER: OF (name): MINOR CONSERVATEE
NOTICE TO INSTITUTIONS AND FINANCIAL INSTITUTIONS (Probate Code sections 2890–2893) When these Letters of Temporary Guardianship or Letters of Temporary Conservatorship (Letters) are delivered to you as an employee or other representative of an institution or financial institution (described below) in order for the temporary guardian or temporary conservator of the estate (1) to take possession or control of an asset of the minor or conservatee named above held by your institution (including changing title, withdrawing all or any portion of the asset, or transferring all or any portion of the asset) or (2) to open or change the name of an account or a safe-deposit box in your financial institution to reflect the guardianship or conservatorship, you must fill out Judicial Council form GC-050 (for an institution) or form GC-051 (for a financial institution). An officer authorized by your institution or financial institution must date and sign the form, and you must file the completed form with the court. There is no filing fee for filing the form. You may either arrange for personal delivery of the form or mail it to the court for filing at the address given for the court on page 1 of these Letters. The temporary guardian or temporary conservator should deliver a blank copy of the appropriate form to you with these Letters, but it is your institution’s or financial institution’s responsibility to complete the correct form, have an authorized officer sign it, and file the completed form with the court. If the correct form is not delivered with these Letters or is unavailable for any other reason, blank copies of the forms may be obtained from the court. The forms may also be accessed from the judicial branch’s public Web site free of charge. The Internet address (URL) is www.courts.ca.gov/forms/. Select the form group Probate—Guardianships and Conservatorships and scroll down to form GC-050 for an institution or form GC-051 for a financial institution. The forms may be printed out as blank forms and filled in by typewriter, or may be filled out online and printed out ready for signature and filing. An institution under California Probate Code section 2890(c) is an insurance company, insurance broker, insurance agent, investment company, investment bank, securities broker-dealer, investment advisor, financial planner, financial advisor, or any other person who takes, holds, or controls an asset subject to a conservatorship or guardianship other than a financial institution. Institutions must file a Notice of Taking Possession or Control of an Asset of Minor or Conservatee (form GC-050) for an asset of the minor or conservatee held by the institution. A single form may be filed for all affected assets held by the institution. A financial institution under California Probate Code section 2892(b) is a bank, trust (including a Totten trust account but excluding other trust arrangements described in Probate Code section 82(b)), savings and loan association, savings bank, industrial bank, or credit union. Financial institutions must file a Notice of Opening or Changing a Guardianship or Conservatorship Account or Safe- Deposit Box (form GC-051) for an account or a safe deposit box held by the financial institution. A single form may be filed for all affected accounts or safe deposit boxes held by the financial institution.
LETTERS OF TEMPORARY GUARDIANSHIP CONSERVATORSHIP
AFFIRMATION
I solemnly affirm that I will perform according to law the duties of temporary guardian. conservator.
Executed on (date): , at (place):
(TYPE OR PRINT NAME) (SIGNATURE OF APPOINTEE)
CERTIFICATION
I certify that this document, including any attachments, is a correct copy of the original on file in my office and that the Letters issued to the person appointed above have not been revoked, annulled, or set aside and are still in full force and effect.
(SEAL) Date:
Clerk, by , Deputy
GC-150 [Rev. January 1, 2015] LETTERS OF TEMPORARY GUARDIANSHIP OR CONSERVATORSHIP Page 2 of 2 (Probate—Guardianships and Conservatorships)
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CONFIDENTIAL
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 (619) 844-2888
GUARDIANSHIP QUESTIONNAIRE (CONFIDENTIAL)
NOTICE TO PETITIONERS
When seeking guardianship of a child(ren) to whom you are related, you must file several documents in the probate business office and pay an $800 investigation fee after Family Court Services completes the guardianship investigation. The fee may be waived or reduced by the court, or payments arranged in cases of extreme hardship. In order to begin the investigation process, copies of the following filed documents (from your initial guardianship packet) must be submitted to Family Court Services at the address listed above, prior to scheduling an investigation date:
1. Petition for Appointment of Guardian of Minor(s) (JC Form #GC-210P)
2. Order Directing or Waiving Investigation signed by Judge of the Superior Court (SDSC Form #PR-63)
3. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (JC Form
#FL-105/GC-120)
4. Confidential Guardian Screening Form (JC Form #GC-212)
5. Guardianship Questionnaire (SDSC Form #FCS-045) (Provided only to Family Court Services)
Once an order has been issued for Family Court Services to complete the investigation, you can avoid delays in processing your guardianship matter by expeditiously returning these documents to Family Court Services. You may mail the information and receipt to Family Court Services at 1100 Union St., Room 430, San Diego, California 92101. You may also drop off your paperwork from 8 a.m. – 12 p.m. and 1 p.m. – 4 p.m. Monday through Friday.
Family Court Services will be seeking information regarding the social history of the proposed guardians, parents and child(ren) as is required by state law. Please complete the entire Guardianship Questionnaire (SDSC Form #FCS-045). Information provided on this questionnaire, in the family interview(s), in other submitted comments and from investigative sources will be used to prepare a family social history, evaluation, and recommendation to the court. This report will then be placed in a sealed court file. Copies will be issued to the proposed guardians, parents, and their respective attorneys.
If you have questions regarding the Family Court Services investigation process, or concerns regarding appointments, you may call the guardianship clerk at the number listed above.
The proposed guardians are responsible for notifying the parents, if possible, regarding the Family Court Services investigation appointment.
The parents do not have to be present unless they are contesting the guardianship or wish to provide information in support of it. Any adult living in the home and acting in a parental role should be present for the interview.
Please do not bring the child(ren) to the FCS appointment. A subsequent appointment will be scheduled should the investigator need to interview the child(ren).
SDSC FCS-045 (Rev. 6/17) GUARDIANSHIP QUESTIONNAIRE Page 1 of 8 Mandatory Form (CONFIDENTIAL)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
FAMILY COURT SERVICES
GUARDIANSHIP QUESTIONNAIRE (CONFIDENTIAL)
THIS FORM IS TO BE COMPLETED AND SUBMITTED TO FAMILY COURT SERVICES BY: Your appointment will not be set until this form has been returned to Family Court Services.
COUNSELOR: PROBATE CASE NUMBER:
COURT DATE: FCS DATE:
I. MINOR CHILD(REN) LISTED ON GUARDIANSHIP PETITION:
Social Security Person with
Full Legal Name Birth Date School and Grade Level
Number whom Residing
Is this child(ren) a member of, or eligible for membership in, an Indian tribe recognized by the federal government?
No Not sure Yes (specify tribe):
Attorney for Minor(s):
Name: Tel. No.:
Address:
Street Ste. City State Zip Code
II. (PROPOSED) GUARDIAN(S):
1. Full Legal Name: AKA or Maiden Name:
Address:
Street Apt. City State Zip Code
Telephone Numbers: Home ( ) Work ( )
Social Security Number: _________________ Birth Date: // Place of Birth:
Driver License Number: State: _________________ Currently Valid: Yes No
Relationship to Child(ren) on Petition: Maternal Paternal
2. Full Legal Name: AKA or Maiden Name:
Address:
Street Apt. City State Zip Code
Telephone Numbers: Home ( ) Work ( )
Social Security Number: _________________ Birth Date: // Place of Birth:
Driver License Number: State: _________________ Currently Valid: Yes No
Relationship to Child(ren) on Petition: Maternal Paternal
Attorney for Proposed Guardian(s):
Name: Tel. No.: ( )
Address:
Street Ste. City State Zip Code
SDSC FCS-045 (Rev. 6/17) GUARDIANSHIP QUESTIONNAIRE Page 2 of 8 Mandatory Form (CONFIDENTIAL)
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III. PARENTS OF MINOR(S): (Full legal names) If one of the natural parents has died, please mark “deceased” for that person’s address and add the date of death, if known.
1. Full Legal Name: AKA or Maiden Name:
Address:
Street Apt. City State Zip Code
Telephone Numbers: Home ( ) Work ( )
Social Security Number: Birth Date: / / Place of Birth:
Driver License Number: State: Currently Valid: Yes No
Relationship to Child(ren) on Petition:
Attorney:
Name: Tel. No.: ( )
Address:
Street Ste. City State Zip Code
2. Full Legal Name: AKA or Maiden Name:
Address:
Street Apt. City State Zip Code
Telephone Numbers: Home ( ) Work ( )
Social Security Number: Birth Date: / / Place of Birth:
Driver License Number: State: Currently Valid: Yes No
Relationship to Child(ren) on Petition:
Attorney:
Name: Tel. No.: ( )
Address:
Street Ste. City State Zip Code
3. Full Legal Name: AKA or Maiden Name:
Address:
Street Apt. City State Zip Code
Telephone Numbers: Home ( ) Work ( )
Social Security Number: Birth Date: / / Place of Birth:
Driver License Number: State: Currently Valid: Yes No
Relationship to Child(ren) on Petition:
Attorney:
Name: Tel. No.: ( )
Address:
Street Ste. City State Zip Code
4. Full Legal Name: AKA or Maiden Name:
Address: Street Apt. City State Zip Code Telephone Numbers: Home ( ) Work ( )
Social Security Number: Birth Date: / / Place of Birth:
Driver License Number: State: Currently Valid: Yes No
Relationship to Child(ren) on Petition:
Attorney:
Name: Tel. No.: ( )
Address:
Street Ste. City State Zip Code
SDSC FCS-045 (Rev. 6/17) GUARDIANSHIP QUESTIONNAIRE Page 3 of 8 Mandatory Form (CONFIDENTIAL)
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IV. HOUSEHOLD COMPOSITION:
A. List other adults 18 or older residing in your home. Indicate if they are acting in a parental role with the child(ren).
***(Any individuals acting in a parental role will be required to attend the investigation interview).
1. Full Legal Name: AKA or Maiden Name:
Telephone Numbers: Home ( ) Work ( )
Birth Date: / / Birth Place: __________Sex: _________Social Security Number: ________________
Driver License Number: State:____________ Currently Valid: Yes No
Relationship to Applicant: Relationship to Child(ren):
2. Full Legal Name: AKA or Maiden Name:
Telephone Numbers: Home ( ) Work ( )
Birth Date: / / Birth Place: __________Sex: _________Social Security Number: ________________
Driver License Number: State:____________ Currently Valid: Yes No
Relationship to Applicant: Relationship to Child(ren):
3. Full Legal Name: AKA or Maiden Name:
Telephone Numbers: Home ( ) Work ( )
Birth Date: / / Birth Place: __________Sex: _________Social Security Number: ________________
Driver License Number: State:____________ Currently Valid: Yes No
Relationship to Applicant: Relationship to Child(ren):
4. Full Legal Name: AKA or Maiden Name:
Telephone Numbers: Home ( ) Work ( )
Birth Date: / / Birth Place: __________Sex: _________Social Security Number: ________________
Driver License Number: State:____________ Currently Valid: Yes No
Relationship to Applicant: Relationship to Child(ren):
B. List other child(ren) under age 18 living in your household:
Social Security
Name Birth Date School
Number
SDSC FCS-045 (Rev. 6/17) GUARDIANSHIP QUESTIONNAIRE Page 4 of 8 Mandatory Form (CONFIDENTIAL)
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Your Name: Relationship: (Please Print)
V. LAW ENFORCEMENT INFORMATION:
Have charges ever been filed against you for crimes other than minor traffic citations?
Yes No If yes, please explain:
Charge City/State Date
1)
2)
3)
Are you on parole or probation? Yes No
Parole or Probation Officer’s Name: Tel. No.: ( )
Have you or anyone living in your home ever been accused of child abuse or child molestation?
Yes No If yes, please explain:
VI. YOUR EDUCATION:
Highest Grade Completed: Graduated High School? Yes No Year:
License(s) or Credential(s) Received:
College Degree(s) Received:
VII. YOUR EMPLOYMENT: Please bring confirmation of employment, including pay stubs to the investigation interview.
Employer: Capacity/Job Title:
Length of Employment: Salary:
Supervisor’s Name, Address and Telephone Number:
VIII. YOUR HEALTH:
Name of Your Health Insurance Plan:
Present Health Status: Good Fair Poor
If your health is fair or poor, please explain:
Are you taking any medication? Yes No
If yes, what kind and for what reason(s)?
Special Health Problems:
Have you ever had any problem with the following?
Alcohol: Yes No Drugs: Yes No Mental/Emotional Problems: Yes No
If yes, what is your current condition regarding this problem? (Bring proof of treatment to investigation interview)
Professional Practitioners: (Medical doctors, psychotherapists, counselors who may have treated you within the past two years.)
Date of Last Telephone
Name and Title Address
Contact Number
SDSC FCS-045 (Rev. 6/17) GUARDIANSHIP QUESTIONNAIRE Page 5 of 8 Mandatory Form (CONFIDENTIAL)
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Co-Petitioner Name: Relationship: (Please Print)
V. LAW ENFORCEMENT INFORMATION:
Have charges ever been filed against you for crimes other than minor traffic citations?
Yes No If yes, please explain:
Charge City/State Date
1)
2)
3)
Are you on parole or probation? Yes No
Parole or Probation Officer’s Name: Tel. No.: ( )
Have you or anyone living in your home ever been accused of child abuse or child molestation?
Yes No If yes, please explain:
VI. YOUR EDUCATION:
Highest Grade Completed: Graduated High School? Yes No Year:
License(s) or Credential(s) Received:
College Degree(s) Received:
VII. YOUR EMPLOYMENT: Please bring confirmation of employment, including pay stubs to the investigation interview.
Employer: Capacity/Job Title:
Length of Employment: Salary:
Supervisor’s Name, Address and Telephone Number:
VIII. YOUR HEALTH:
Name of Your Health Insurance Plan:
Present Health Status: Good Fair Poor
If Your Health is Fair or Poor, Please Explain:
Are you taking any medication? Yes No
If yes, what kind and for what reason(s)?
Special Health Problems:
Have you ever had any problem with the following?
Alcohol: Yes No Drugs: Yes No Mental/Emotional Problems: Yes No
If yes, what is your current condition regarding this problem? (Bring proof of treatment to investigation interview)
Professional Practitioners: (Medical doctors, psychotherapists, counselors who may have treated you within the past two years.)
Date of Last Telephone
Name and Title Address
Contact Number
SDSC FCS-045 (Rev. 6/17) GUARDIANSHIP QUESTIONNAIRE Page 6 of 8 Mandatory Form (CONFIDENTIAL)
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IX. FAMILY FINANCES:
Residence: Please provide proof of residence, e.g. rental agreement, at investigation interview.
The home you live in is: owned rented.
How long have you lived there? Monthly Cost: $ Value: $
Number of Bedrooms: Number of Bathrooms: Approximate Size: sq.ft.
Income: Please list source(s) of income and amount(s).
Income Source Amount
1.
2.
3.
Other Assets: Please list other major assets or real property.
Asset Value
1.
2.
3.
X. PLANS FOR CHILD CARE: (If necessary)
Care Provider(s):
Telephone Relationship
Name Address Hours
Number to Child
SDSC FCS-045 (Rev. 6/17) GUARDIANSHIP QUESTIONNAIRE Page 7 of 8 Mandatory Form (CONFIDENTIAL)
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XI. SUMMARY OF CIRCUMSTANCES:
1. Briefly summarize the reasons why you are requesting this guardianship. You may attach declarations which are
being provided to the court in this regard.
2. If more than one person is competing for custody of the child(ren), give reason why you should be primarily
responsible for the child(ren).
3. At your Family Court Services appointment we will be seeking information from you regarding the history of the
proposed guardians, the natural parents, and the child(ren). You may assist that process by writing down, here or
on separate paper, relevant information regarding your family’s history and composition, your education and work
experience, the child(ren)’s activities, schooling, special needs, visitation with other family members, and anything
else you think is important for the children. You may bring this information with you for your interview.
4. To the best of your knowledge, is the mother, the father, or are both parents contesting the guardianship?
I declare under penalty of perjury under the laws of the State of California that all of the information I have submitted in this Guardianship Questionnaire is true and correct.
Date:
Type or print name Signature
Date:
Type or print name Signature
SDSC FCS-045 (Rev. 6/17) GUARDIANSHIP QUESTIONNAIRE Page 8 of 8 Mandatory Form (CONFIDENTIAL) Clear This Packet