San Diego — General Information For Self-Represented Litigants (Guardianship of the Person) PR-067 (Rev: 5/26)

Source: https://sdcourt.ca.gov/sites/default/files/sdcourt/generalinformation/forms/probateforms/pr067.pdf

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)

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)