[// GUIDANCE: This template is designed for use in the Superior Court of California, Probate Division, and complies with core requirements of the California Probate Code, applicable California Rules of Court, and typical county-level Local Rules. All bracketed text (e.g., [PLACEHOLDER]) must be completed or deleted before filing. Insert county-specific pleading paper captions as required.]
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF [COUNTY]
PROBATE DIVISION
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In the Matter of the Guardianship of:
[MINOR’S FULL LEGAL NAME], a Minor
Case No.: [To be assigned]
PETITION FOR APPOINTMENT OF GUARDIAN OF THE
☐ PERSON
☐ ESTATE
☐ PERSON AND ESTATE
[Cal. Prob. Code, div. 4, pt. 2]
HEARING DATE: [MM/DD/YYYY]
TIME: [HH:MM a.m./p.m.]
DEPT.: [Department #]
JUDGE: [Name]
I. DOCUMENT HEADER
A. Parties Identified, Recitals & Jurisdiction Statement
B. Effective Filing Date: Upon Clerk’s Endorsement
C. Governing Law: California Probate Code & Local Rules
TABLE OF CONTENTS
- Definitions ............................................. 2
- Allegations & Operative Requests ........................ 3
- Representations & Warranties of Proposed Guardian ....... 6
- Covenants & Ongoing Duties .............................. 7
- Default; Court-Supervised Remedies ...................... 8
- Risk Allocation; Bond; Indemnification .................. 9
- Dispute Resolution; Protective Orders ................... 10
- General Provisions ...................................... 11
- Prayer for Relief ....................................... 12
- Verification ............................................ 13
- Certificate of Service .................................. 14
- Signature Block ......................................... 15
1. DEFINITIONS
For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:
1.1 “Bond” means the fiduciary surety bond required of a guardian of the Estate under the California Probate Code and Local Rules, in the penal sum specified in Section 6.2 below.
1.2 “Court” means the Superior Court of California, County of [COUNTY], Probate Division, exercising jurisdiction pursuant to the California Probate Code.
1.3 “Fiduciary Duty” means the highest duty of loyalty, care, and full, frank disclosure owed by the Proposed Guardian to the Minor, as imposed by statute and common law.
1.4 “Minor” means [MINOR’S FULL LEGAL NAME], born [DOB], presently age [AGE], and currently residing at [ADDRESS].
1.5 “Petitioner(s)” means the person(s) signing this Petition and seeking the appointment of a Guardian, namely [PETITIONER NAME(S)].
1.6 “Proposed Guardian” means [NAME OF PROPOSED GUARDIAN], identified in Section 3 below.
[// GUIDANCE: Add or delete defined terms as necessary for complex estates or multiple minors.]
2. ALLEGATIONS & OPERATIVE REQUESTS
2.1 Statutory Authority. Petitioner brings this Petition pursuant to the California Probate Code and California Rules of Court governing guardianships of minors.
2.2 Jurisdiction & Venue. Venue is proper in this County because
a. the Minor resides or is domiciled in [COUNTY]; and/or
b. the Minor’s property subject to guardianship is located in [COUNTY].
2.3 Relationship of Petitioners to Minor. Petitioner(s) is/are the Minor’s:
☐ Parent ☐ Grandparent ☐ Relative (specify): [RELATION]
☐ Other (explain statutory basis): [EXPLANATION]
2.4 Necessity of Guardianship. Guardianship is necessary because:
a. [Parent(s) incapacitated, deceased, or unable to care];
b. [Minor requires management of significant assets]; and/or
c. [Other statutory grounds—describe].
2.5 Type of Guardianship Requested. Petitioner seeks appointment of a guardian of the:
☐ Person – to provide for the Minor’s care, custody, and education.
☐ Estate – to manage the Minor’s property and financial affairs.
☐ Person and Estate – encompassing both responsibilities.
2.6 Guardianship Standards Compliance. Petitioner affirms that the relief requested complies with prevailing California guardianship standards, including (without limitation):
a. The “least restrictive alternative” principle;
b. Protection of the Minor’s health, safety, and welfare; and
c. Preservation of the Minor’s property for the Minor’s sole benefit.
2.7 Notice Requirements. Petitioner will provide notice of hearing, along with a copy of this Petition, to all persons entitled to notice under applicable law, including:
• Living parents, grandparents, and adult siblings of the Minor;
• The Minor (if age ≥ 12);
• Any person having legal custody of the Minor;
• The Director of Social Services if required.
[// GUIDANCE: Refer to local court rules for additional notice recipients such as Veterans Administration, Indian Child Welfare Act notices, etc.]
2.8 Consent / Waiver of Notice. Petitioner attaches as Exhibit A written consents or waivers of notice from:
☐ [NAME], Mother ☐ [NAME], Father
☐ [OTHER].
2.9 Court Investigator. Petitioner acknowledges that a Court Investigator’s report is mandatory for guardianship of the person and will cooperate fully.
2.10 Proposed Guardian’s Authority Sought. Petitioner requests that the Proposed Guardian be vested with all powers granted by law, including, without limitation, the power to:
a. Determine the Minor’s residence within the State of California;
b. Consent to medical, surgical, dental, and psychiatric treatment;
c. Enroll the Minor in educational programs and make school-related decisions;
d. Receive, invest, and disburse funds in the Minor’s best interest (Estate guardianship only);
e. Petition for protective orders on the Minor’s behalf.
[// GUIDANCE: If limited powers are sought, replace subsection (a)–(e) with the specific limitations.]
3. REPRESENTATIONS & WARRANTIES OF PROPOSED GUARDIAN
3.1 Identity & Background. Proposed Guardian [FULL LEGAL NAME], born [DOB], resides at [ADDRESS], telephone [PHONE], and is professionally/employment-wise [OCCUPATION].
3.2 Qualifications. Proposed Guardian:
a. Is over 18 years of age and of sound mind;
b. Has never been convicted of a felony or offense involving moral turpitude;
c. Has not been removed as fiduciary of any estate by a court for cause;
d. Is capable of faithfully executing Fiduciary Duties owed to the Minor.
3.3 Conflict of Interest Disclosure. Proposed Guardian discloses the following potential conflicts, if any: [NONE / DESCRIBE].
3.4 Bond & Insurance Readiness. Proposed Guardian is willing and able to post Bond in the amount ordered by the Court and, if managing property, to procure guardianship liability insurance if available.
3.5 Representation Accuracy. Proposed Guardian declares under penalty of perjury that all representations herein are true, correct, and complete to the best of his/her knowledge and belief.
4. COVENANTS & ONGOING DUTIES
4.1 Compliance Covenant. If appointed, the Guardian shall at all times comply with:
a. The California Probate Code, Rules of Court, and Local Rules;
b. Any and all court orders issued in this matter;
c. The Fiduciary Duties of loyalty, care, prudence, and impartiality.
4.2 Reporting Requirements.
a. Guardian of the Person – annual status report filed on Judicial Council Form GC-251 (or successor), or as otherwise ordered.
b. Guardian of the Estate – inventory and appraisal within 90 days; annual or biennial accountings per statute; and final accounting upon termination.
4.3 Notice of Changed Circumstances. Guardian shall notify the Court and all interested parties within 30 days of any material change in the Minor’s residence, health, schooling, or property.
4.4 Tax & Government Benefit Compliance. Guardian shall timely prepare, file, and pay all federal, state, and local tax returns and monitor the Minor’s eligibility for government benefits (e.g., SSI, Medi-Cal).
5. DEFAULT; COURT-SUPERVISED REMEDIES
5.1 Events of Default. The following constitute “Events of Default”:
a. Failure to file required inventories, accountings, or reports;
b. Misappropriation, waste, or self-dealing with estate assets;
c. Violation of any court order or statutory duty;
d. Failure to maintain Bond or insurance as ordered.
5.2 Remedies. Upon an Event of Default, and after notice and hearing when required, the Court may:
• Suspend powers of the Guardian;
• Remove the Guardian and appoint a successor or temporary guardian;
• Surcharge the Guardian and enforce the Bond;
• Enter judgment for attorney’s fees, costs, and damages;
• Issue civil or criminal contempt sanctions.
6. RISK ALLOCATION; BOND; INDEMNIFICATION
6.1 Fiduciary Duty. Guardian acknowledges that the Minor is a beneficiary to whom the Guardian owes undivided loyalty and diligent care.
6.2 Bond Requirement. Petitioner requests that Bond be fixed at [$__], calculated as the current value of the personal property of the estate, the probable annual gross income, plus cost of recovery, in accordance with statute and Local Rule [CITE RULE #].
6.3 Waiver or Reduction of Bond. If no estate assets exist, or if good cause otherwise exists, Petitioner requests that Bond be:
☐ Waived for guardianship of the Person only; or
☐ Reduced to [$__] for the reasons set forth in Exhibit B.
6.4 Indemnification by Bond. The surety under the Bond shall indemnify the Minor for losses proximately caused by Guardian’s breach of Fiduciary Duty, subject to the penal sum.
7. DISPUTE RESOLUTION; PROTECTIVE ORDERS
7.1 Governing Law & Forum. All matters shall be governed exclusively by California law, and the Superior Court of California, County of [COUNTY], Probate Division shall retain exclusive jurisdiction. Arbitration is not available for guardianship proceedings.
7.2 No Jury Trial. Pursuant to California law, issues in probate guardianship proceedings are tried by the Court sitting in equity; no right to jury trial attaches.
7.3 Injunctive & Protective Relief. The Court reserves continuing jurisdiction to issue temporary restraining orders, protective orders, or other injunctive relief necessary to safeguard the Minor’s person or property.
8. GENERAL PROVISIONS
8.1 Amendment & Supplemental Pleadings. Petitioner may amend this Petition only by leave of Court or stipulation of all interested parties, except as permitted by statute.
8.2 Severability. If any provision of this Petition or the requested order is found unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law.
8.3 Successor Guardians. Any successor guardian appointed shall be bound by all ongoing duties and conditions set forth herein, unless the Court orders otherwise.
8.4 Integration. This Petition, together with all exhibits and any court-approved modifications, constitutes the complete request for relief.
9. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully prays that the Court:
A. Appoint [NAME] as Guardian of the ☐ Person ☐ Estate ☐ Person and Estate of [MINOR’S NAME];
B. Fix Bond in the amount of [$__], subject to statutory conditions, or waive/reduce Bond as requested;
C. Grant the Guardian all powers requested in Section 2.10, subject to the limitations ordered by the Court;
D. Issue all necessary Letters of Guardianship upon qualification and filing of Bond;
E. Authorize the Guardian to obtain any protective orders required for the Minor’s safety;
F. Award any other and further relief the Court deems just and proper.
10. VERIFICATION
I, [PETITIONER NAME], declare that:
1. I am the Petitioner in this action;
2. I have read the foregoing Petition and know its contents;
3. The same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [MM/DD/YYYY], at [CITY, STATE].
[PETITIONER NAME]
11. CERTIFICATE OF SERVICE
[// GUIDANCE: Insert approved proof-of-service form or narrative certificate, showing service on all entitled parties in the manner and time required by statute and local rule.]
12. SIGNATURE BLOCK
Respectfully submitted,
Dated: [MM/DD/YYYY]
[ATTORNEY NAME], Esq.
Attorney for Petitioner
State Bar No. [####]
Firm: [LAW FIRM NAME]
Address: [ADDRESS]
Telephone: [(###) ###-####]
Email: [EMAIL]
ATTACHMENTS
Exhibit A – Consents / Waivers of Notice
Exhibit B – Bond Waiver / Reduction Justification
Exhibit C – Minor’s Birth Certificate (Certified Copy)
Exhibit D – Proposed Guardian’s Criminal Background Check
Exhibit E – Property Inventory (if Estate guardianship)
[// GUIDANCE: Attach Judicial Council Forms GC-210, GC-212, GC-248, GC-240, local county supplements, and any additional exhibits required by local rule.]