Petition for Appointment of Guardian of Minor (California)

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

California requires the use of official Judicial Council form GC-210 (Petition for Appointment
of Guardian of Minor) or GC-210(P) (Petition for Appointment of Guardian of the Person)
for guardianship petitions.
This template provides the substantive legal content to help you prepare — but you must
transfer your content to the official form before filing. The official forms are available at
https://selfhelp.courts.ca.gov/jcc-form/GC-210. Do not file this document directly with the court.

PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR

Superior Court of California — Probate Division

I. COURT CAPTION AND CASE INFORMATION

SUPERIOR COURT OF CALIFORNIA
COUNTY OF [________________________________]
PROBATE DIVISION

In the Matter of the Guardianship of:

[________________________________], a Minor

Case No.: [________________________________] (To be assigned by clerk)

PETITION FOR APPOINTMENT OF GUARDIAN OF THE:

☐ Person (Judicial Council Form GC-210(P) or GC-210)
☐ Estate (Judicial Council Form GC-210)
☐ Person and Estate (Judicial Council Form GC-210)

Filed pursuant to: Cal. Prob. Code §§ 1510-1516

HEARING INFORMATION:

II. PETITIONER INFORMATION AND QUALIFICATIONS

A. Petitioner Identity

B. Petitioner's Relationship to Minor

Petitioner's relationship to the proposed ward:

☐ Grandparent (maternal/paternal)
☐ Aunt/Uncle
☐ Adult sibling
☐ Stepparent
☐ Other relative (specify relationship): [________________________________]
☐ Nonrelative (explain connection): [________________________________]
☐ Minor (age 12 or older) filing on own behalf

C. Petitioner's Standing to File

Petitioner has standing to file this Petition because (check all that apply):

☐ Petitioner is a relative of the minor within the second degree
☐ Petitioner is a person on behalf of the minor (Cal. Prob. Code § 1510)
☐ Petitioner is the minor, who is 12 years of age or older (Cal. Prob. Code § 1510)
☐ Petitioner has been nominated as guardian by a parent (Cal. Prob. Code §§ 1500-1502)
☐ Petitioner is a person with whom the minor currently resides

III. MINOR'S INFORMATION

A. Identifying Information for Each Minor

Minor 1:

Minor 2 (if applicable):

B. Current Custodial Situation

The minor(s) currently reside(s) with:

☐ Mother
☐ Father
☐ Both parents
☐ Petitioner
☐ Other relative (name and relationship): [________________________________]
☐ Other person (name and relationship): [________________________________]
☐ Foster care or group home
☐ Other (describe): [________________________________]

Duration of current living arrangement: [________________________________]

The person currently having legal custody of the minor(s) is: [________________________________]

The person currently having physical care of the minor(s) is: [________________________________]

IV. PARENTAL INFORMATION

A. Mother's Information

Mother's current status (check all that apply):

☐ Living and competent
☐ Deceased (date of death: [__/__/____])
☐ Incapacitated or incarcerated
☐ Address unknown after reasonable diligence
☐ Parental rights terminated (date: [__/__/____]; court: [________________________________])
☐ Has relinquished child to licensed adoption agency
☐ Consents to the proposed guardianship (attach written consent)
☐ Objects to the proposed guardianship
☐ Has not been contacted (explain): [________________________________]

B. Father's Information

Father's current status (check all that apply):

☐ Living and competent
☐ Deceased (date of death: [__/__/____])
☐ Incapacitated or incarcerated
☐ Address unknown after reasonable diligence
☐ Parental rights terminated (date: [__/__/____]; court: [________________________________])
☐ Has relinquished child to licensed adoption agency
☐ Consents to the proposed guardianship (attach written consent)
☐ Objects to the proposed guardianship
☐ Has not been contacted (explain): [________________________________]
☐ Alleged father; paternity not established
☐ Presumed father (Cal. Fam. Code § 7611)

C. Parental Consent

☐ Both parents consent to this guardianship (attach signed consents as Exhibit [____])
☐ One parent consents (identify): [________________________________]
☐ Neither parent consents
☐ One or both parents are deceased
☐ Consent is not required because (explain): [________________________________]

V. JURISDICTION AND VENUE

A. Basis for Jurisdiction

Petitioner alleges the following basis for jurisdiction and venue in this County (Cal. Prob. Code § 2200 et seq.):

☐ The minor is domiciled in the County of [________________________________]
☐ The minor resides in the County of [________________________________]
☐ The minor is temporarily present in the County of [________________________________]
☐ The minor's property or estate is located in the County of [________________________________]

B. UCCJEA Compliance

Petitioner has completed and attached Judicial Council Form FL-105/GC-120 for each minor.

☐ California is the home state of the minor (the minor has lived in California for at least six consecutive months immediately preceding the filing of this petition)
☐ California is not the home state, but jurisdiction exists because (explain): [________________________________]

C. Related Proceedings

Petitioner has knowledge of the following pending or prior proceedings affecting the minor(s) (check all that apply):

☐ No pending or prior proceedings known
☐ Juvenile dependency proceeding (court, case no.): [________________________________]
☐ Adoption proceeding (court, case no.): [________________________________]
☐ Family law / dissolution / custody proceeding (court, case no.): [________________________________]
☐ Guardianship proceeding (court, case no.): [________________________________]
☐ Domestic violence restraining order (court, case no.): [________________________________]
☐ Other (describe): [________________________________]

VI. REASONS GUARDIANSHIP IS NECESSARY

A. Statement of Necessity

Pursuant to Cal. Prob. Code § 1510, the appointment of a guardian is necessary or convenient for the following reasons:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Specific Circumstances (check all that apply)

☐ Both parents are deceased
☐ Parent(s) incapacitated due to physical or mental illness
☐ Parent(s) incarcerated (facility, expected release date): [________________________________]
☐ Parent(s) have substance abuse issues rendering them unable to care for minor
☐ Parent(s) have abandoned the minor
☐ Parent(s) whereabouts unknown
☐ Domestic violence in the parental home
☐ Neglect or inability to provide basic necessities
☐ Minor has special medical, educational, or emotional needs that parent(s) cannot meet
☐ Parent(s) in military deployment
☐ Parent(s) voluntarily placed minor with proposed guardian
☐ Other (describe): [________________________________]

C. Duration of Current Arrangement

The minor has been in the care of the proposed guardian or petitioner since: [__/__/____]

Describe the circumstances under which the minor came to be in the care of the proposed guardian:

[________________________________]
[________________________________]

D. Alternatives Considered

Petitioner has considered the following alternatives and explains why guardianship is the appropriate remedy:

☐ Caregiver Authorization Affidavit (Cal. Fam. Code § 7505): Insufficient because [________________________________]
☐ Power of Attorney for care of minor: Insufficient because [________________________________]
☐ Custody order under Cal. Fam. Code § 3041 (de facto parent): Not applicable because [________________________________]
☐ Adoption: Not appropriate at this time because [________________________________]
☐ Juvenile dependency (Cal. Welf. & Inst. Code § 300): Not applicable because [________________________________]
☐ Other alternative considered: [________________________________]

VII. TYPE OF GUARDIANSHIP REQUESTED

A. Guardianship of the Person

☐ Petitioner requests appointment of a guardian of the person of the minor.

A guardian of the person will have custody of the minor and authority to make decisions regarding the minor's care, education, health, and welfare, subject to court oversight. (Cal. Prob. Code §§ 2351, 2353)

B. Guardianship of the Estate

☐ Petitioner requests appointment of a guardian of the estate of the minor.

A guardian of the estate will manage the minor's financial affairs, real and personal property, and assets. (Cal. Prob. Code §§ 2400-2407, 2450-2453)

The minor's estate consists of the following (describe assets and estimated values):

Sources of income to the minor's estate:

☐ Social Security benefits: $[________________________________] per month
☐ Insurance proceeds: $[________________________________]
☐ Inheritance: $[________________________________]
☐ Lawsuit settlement or judgment: $[________________________________]
☐ Rental income: $[________________________________]
☐ Other (describe): [________________________________]

C. Guardianship of the Person and Estate

☐ Petitioner requests appointment of a guardian of both the person and estate of the minor.

VIII. PROPOSED GUARDIAN INFORMATION

A. Proposed Guardian Identity and Background

B. Proposed Guardian's Household

List all persons currently residing in the proposed guardian's home:

C. Qualifications and Fitness

The proposed guardian affirms the following (check all that apply):

☐ Is at least 18 years of age
☐ Is a resident of the State of California
☐ Is of sound mind and capable of fulfilling the duties of a guardian
☐ Has adequate housing to accommodate the minor
☐ Has the financial means to provide for the minor's basic needs
☐ Has a genuine concern for the minor's best interest
☐ Has an established relationship with the minor

D. Criminal History and Disqualifying Factors

☐ The proposed guardian has no felony convictions
☐ The proposed guardian has no convictions for crimes involving moral turpitude
☐ The proposed guardian has never been removed as a fiduciary by any court
☐ The proposed guardian has never had a child removed from their custody by a juvenile court
☐ The proposed guardian has no substantiated child abuse or neglect reports
☐ The proposed guardian discloses the following relevant history: [________________________________]

E. Confidential Guardian Screening Form

☐ Judicial Council Form GC-212 (Confidential Guardian Screening Form) is filed herewith

IX. NOTICE REQUIREMENTS

A. Persons Entitled to Notice (Cal. Prob. Code § 1511)

The following persons are entitled to notice and will be served (check all that apply and provide names and addresses):

☐ Minor (if 12 years of age or older): [________________________________]
☐ Mother: [________________________________]
☐ Father: [________________________________]
☐ Spouse of proposed ward (if any): [________________________________]
☐ Person having legal custody of the minor: [________________________________]
☐ Person having physical care of the minor (if different from legal custodian): [________________________________]
☐ Relatives within the second degree:

• Grandparent(s): [________________________________]
• Adult sibling(s): [________________________________]
  ☐ Nominee of a deceased parent (if applicable): [________________________________]
  ☐ Director of Social Services (if required by § 1461): [________________________________]
  ☐ Director of State Hospitals (if applicable): [________________________________]
  ☐ Director of Developmental Services (if applicable): [________________________________]
  ☐ Veterans Administration (if minor receives VA benefits): [________________________________]
  ☐ Indian custodian or Indian tribe (if ICWA applies — see Section X): [________________________________]
  ☐ Other persons required by local rule: [________________________________]

B. Exceptions to Notice

☐ Notice is not required to parents who have relinquished the child to a licensed adoption agency (Cal. Prob. Code § 1511(d))
☐ Notice is not required to parents whose parental rights have been judicially terminated (Cal. Prob. Code § 1511(d))
☐ Petitioner requests the court waive notice to the following person(s) because they cannot with reasonable diligence be located: [________________________________]
☐ Petitioner requests the court waive notice to the following person(s) because giving notice would be contrary to the interest of justice: [________________________________]

C. Proof of Notice

☐ Proof of service will be filed before the hearing date
☐ Declaration of due diligence regarding persons who could not be located will be filed

X. INDIAN CHILD WELFARE ACT (ICWA) INQUIRY AND COMPLIANCE

A. ICWA Inquiry

Petitioner has made inquiry regarding whether the minor is or may be an Indian child:

☐ The minor is not and may not be an Indian child
☐ The minor is or may be an Indian child
☐ Petitioner does not yet know and will continue to inquire

Petitioner has inquired of the following persons regarding the minor's Indian heritage (check all that apply):

☐ Mother of the minor
☐ Father of the minor
☐ Maternal grandparent(s)
☐ Paternal grandparent(s)
☐ Extended family members
☐ Indian custodian (if any)
☐ Bureau of Indian Affairs
☐ Other: [________________________________]

B. If ICWA Applies

If the minor is or may be an Indian child, the following additional steps are required:

☐ Notice of Child Custody Proceeding for Indian Child (Judicial Council Form ICWA-030) has been or will be sent by registered or certified mail to:

• The minor's parent(s) or Indian custodian
• The Indian child's tribe(s): [________________________________]
• The Bureau of Indian Affairs (if tribe is unknown)

☐ The tribe has been notified and has ☐ intervened / ☐ declined to intervene / ☐ not yet responded

☐ Petitioner acknowledges ICWA placement preferences apply (25 U.S.C. § 1915)
☐ Petitioner acknowledges the requirement of active efforts to prevent the breakup of the Indian family (Cal. Welf. & Inst. Code § 361.7)
☐ Qualified expert witness testimony has been or will be provided

XI. INVESTIGATION AND HOME STUDY

A. Court Investigation Requirement (Cal. Prob. Code § 1513)

☐ Petitioner acknowledges that a court investigation is required
☐ Petitioner requests the court waive the investigation for good cause (explain): [________________________________]

B. Scope of Investigation

The court investigation will include, but is not limited to (Cal. Prob. Code § 1513(a)):

• Social history of the proposed ward, including developmental, emotional, psychological, or educational needs
• Assessment of the proposed guardian's capability to meet those needs
• Criminal background check on proposed guardian and all adults in the household
• Review of any history of child abuse or neglect reports
• Home study of the proposed guardian's residence
• Interviews with the minor (if age-appropriate), proposed guardian, and relevant parties
• Recommendation to the court regarding the appointment

C. Access to Records

The court investigator shall have access to the minor's school records, probation records, and public and private social services records, and to summaries of the minor's medical and psychological records (Cal. Prob. Code § 1513(c)).

D. Report Availability

The investigation report shall be made available to all entitled parties no less than three court days before the hearing on the guardianship petition (Cal. Prob. Code § 1513(a)).

XII. TEMPORARY GUARDIANSHIP (Cal. Prob. Code §§ 2250-2258)

A. Request for Temporary Guardianship

☐ Petitioner does not request temporary guardianship at this time
☐ Petitioner does request temporary guardianship of the:
☐ Person
☐ Estate
☐ Person and Estate

B. Grounds for Temporary Guardianship

If temporary guardianship is requested, Petitioner alleges that the minor will suffer immediate harm without the appointment of a temporary guardian because:

[________________________________]
[________________________________]
[________________________________]

C. Notice for Temporary Guardianship

Under Cal. Prob. Code § 2250(e), notice of the hearing on temporary guardianship must be personally delivered to:

☐ The proposed ward (if 12 years of age or older)
☐ The parent or parents of the proposed ward
☐ Any person having a valid visitation order effective at the time of filing

☐ Petitioner requests the court excuse notice for good cause (explain): [________________________________]

D. Duration of Temporary Guardianship

If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not set within 30 days, the court shall set a hearing within 30 days to reconsider the temporary guardianship. (Cal. Prob. Code § 2250(f))

XIII. BOND REQUIREMENTS

A. Bond Requirement (Cal. Prob. Code §§ 2320-2335)

B. Bond Request

For Guardianship of the Person:

☐ Petitioner requests bond be waived (guardianship of the person only; no estate assets)
☐ Petitioner requests bond be set at a nominal amount of $[________________________________]

For Guardianship of the Estate:

☐ Petitioner requests bond be fixed at $[________________________________], calculated as follows:

• Value of personal property of the estate: $[________________________________]
• Probable annual gross income: $[________________________________]
• Probable annual gross payments: $[________________________________]
• Cost of recovery on the bond: $[________________________________]

☐ Petitioner requests the bond amount be reduced for good cause: [________________________________]

C. Bond Waiver by Nominating Parent

☐ The guardian was nominated by a parent under Cal. Prob. Code § 1500 or § 1501, and the nominating parent waived the bond requirement. Under § 2324, the nominated guardian need not file a bond unless required by the court.

D. Blocked Account Alternative

☐ Petitioner requests that estate assets be placed in a blocked account in lieu of or in addition to bond (Cal. Prob. Code § 2328)

XIV. LETTERS OF GUARDIANSHIP

Upon qualification of the guardian (including the filing of any required bond and oath of office), Petitioner requests the court direct the clerk to issue:

☐ Letters of Guardianship of the Person (Judicial Council Form GC-250)
☐ Letters of Guardianship of the Estate (Judicial Council Form GC-250)
☐ Letters of Guardianship of the Person and Estate (Judicial Council Form GC-250)

XV. GUARDIAN'S DUTIES AND POWERS

A. Guardian of the Person — Duties (Cal. Prob. Code §§ 2351-2358)

Upon appointment, the guardian of the person shall:

1. Custody and Residence. Have custody of the minor and establish the minor's residence within the State of California (Cal. Prob. Code § 2352). The guardian shall not remove the minor from California without prior court approval.

2. Care and Maintenance. Provide for the minor's care, comfort, health, education, maintenance, and support (Cal. Prob. Code § 2351).

3. Education. Ensure the minor is enrolled in and attending an appropriate educational program. The guardian has authority to make educational decisions, including school selection, special education services, and extracurricular activities. (Cal. Educ. Code § 48204 — the minor qualifies for enrollment in the school district where the guardian resides.)

4. Medical and Health Care. Consent to and arrange for medical, surgical, dental, psychiatric, and psychological treatment for the minor (Cal. Prob. Code § 2353). This includes authority to:
   - Consent to routine and emergency medical treatment
   - Authorize vaccinations
   - Obtain health insurance for the minor
   - Access and manage the minor's medical records
   - Consent to mental health treatment

5. Supervision and Control. Provide appropriate supervision, discipline, and moral guidance for the minor.

6. Annual Status Report. File a Confidential Guardianship Status Report (Judicial Council Form GC-251) annually with the court describing the minor's health, education, living situation, and overall well-being (Cal. Prob. Code § 1513.2; Cal. Rules of Court, Rule 7.1002).

7. Notification of Changes. Notify the court and all interested parties of any material change in circumstances, including changes in the minor's residence, health, schooling, or the guardian's ability to serve.

8. Court Orders. Comply with all court orders issued in this guardianship proceeding.

B. Guardian of the Estate — Duties (Cal. Prob. Code §§ 2400-2407, 2450-2453)

Upon appointment, the guardian of the estate shall:

1. Oath and Bond. File the oath of office and post the required bond before letters are issued (Cal. Prob. Code §§ 2300, 2320).

2. Inventory and Appraisal. File an inventory and appraisal of the minor's estate within 90 days of appointment, using Judicial Council Form GC-040 (Cal. Prob. Code § 2610).

3. Prudent Management. Manage the estate with the care, skill, prudence, and diligence that a prudent person acting in a like capacity and familiar with such matters would use (Cal. Prob. Code § 2401).

4. Preservation of Assets. Take possession of and preserve the estate assets for the benefit of the minor (Cal. Prob. Code § 2400).

5. Accounting. File accountings with the court as follows (Cal. Prob. Code § 2620; Cal. Rules of Court, Rule 7.575):
   - First accounting: due one year after appointment
   - Subsequent accountings: due every two years thereafter (or as ordered)
   - Final accounting: due upon termination of the guardianship

6. No Self-Dealing. The guardian shall not use estate assets for personal benefit and shall avoid all conflicts of interest (Cal. Prob. Code § 2401).

7. Court Approval for Certain Transactions. Obtain court approval before selling real property, making investments outside of statutory authority, borrowing money on behalf of the estate, or engaging in other transactions requiring court authorization (Cal. Prob. Code §§ 2540-2592).

8. Tax Obligations. File all required federal and state tax returns on behalf of the minor and the minor's estate.

9. Government Benefits. Monitor and protect the minor's eligibility for government benefits (e.g., Social Security, SSI, Medi-Cal, IHSS).

C. Powers Requested

Petitioner requests the court grant the guardian the following specific powers (check all that apply):

☐ All powers granted by law to a guardian of the person (Cal. Prob. Code §§ 2351-2358)
☐ All powers granted by law to a guardian of the estate (Cal. Prob. Code §§ 2400-2407)
☐ Authority to apply for government benefits on the minor's behalf
☐ Authority to pursue or defend legal actions on the minor's behalf (Cal. Prob. Code § 2462)
☐ Authority to consent to the minor's participation in research studies or clinical trials
☐ Independent exercise of powers granted under Cal. Prob. Code § 2590 (IAEA)
☐ Other specific powers: [________________________________]

XVI. EDUCATION AND HEALTHCARE AUTHORITY

A. Education Rights (Cal. Educ. Code § 48204; Cal. Prob. Code § 2351)

The guardian of the person shall serve as the minor's educational rights holder, with authority to:

☐ Enroll the minor in public or private school in the guardian's school district of residence
☐ Make decisions regarding the minor's educational program, including placement and coursework
☐ Access the minor's educational records under FERPA (20 U.S.C. § 1232g)
☐ Participate in Individualized Education Program (IEP) meetings and make special education decisions
☐ Authorize the minor's participation in extracurricular activities
☐ Apply for educational financial assistance on the minor's behalf

B. Healthcare Decision-Making (Cal. Prob. Code § 2353)

The guardian of the person shall have authority to make healthcare decisions, including:

☐ Consent to routine medical, dental, and vision care
☐ Consent to surgical procedures
☐ Consent to psychiatric and psychological evaluation and treatment
☐ Consent to medication, including psychotropic medication (with court approval where required)
☐ Obtain and maintain health insurance coverage for the minor
☐ Apply for Medi-Cal or other government health programs on the minor's behalf
☐ Access the minor's medical and mental health records
☐ Make end-of-life medical decisions in emergency circumstances

XVII. ACCOUNTING AND REPORTING REQUIREMENTS

A. Guardian of the Person — Annual Status Report

The guardian of the person must file annually a Confidential Guardianship Status Report (Judicial Council Form GC-251) addressing:

• The minor's current address and living arrangements
• The minor's physical and mental health status
• The minor's educational progress and current school
• The minor's relationship with parents and family
• Any services the minor is receiving (therapy, tutoring, etc.)
• Any changes in circumstances since the last report
• Whether the guardianship should continue

B. Guardian of the Estate — Accountings

The guardian of the estate must file formal accountings with the court as follows:

Each accounting must include:

• All receipts and disbursements during the accounting period
• All gains and losses during the accounting period
• All property on hand at the end of the accounting period
• A statement of all compensation claimed by the guardian

XVIII. TERMINATION AND MODIFICATION

A. Automatic Termination (Cal. Prob. Code § 1600)

A guardianship of the person or estate terminates by operation of law when:

☐ The minor reaches the age of majority (18 years), unless the ward consents to extension to age 21
☐ The minor dies
☐ The minor is legally adopted
☐ The minor is emancipated (Cal. Fam. Code §§ 7000-7002)
☐ The minor enters into a valid marriage

B. Termination by Court Order (Cal. Prob. Code § 1601)

The guardianship may be terminated before the events listed above upon petition and court order. A petition for termination may be filed by:

• The guardian
• A parent of the minor
• The minor (the ward)
• An Indian custodian (in proceedings involving an Indian child)

The court may terminate the guardianship if it determines that termination is in the ward's best interest.

C. Visitation Upon Termination (Cal. Prob. Code § 1602)

Upon termination, the court may consider whether continued visitation between the ward and the former guardian is in the ward's best interest, and may issue an appropriate visitation order.

D. Extension to Age 21 (Cal. Prob. Code § 1600(a))

☐ Not applicable at this time
☐ The minor may request or consent to extension of the guardianship of the person until the ward attains 21 years of age, as permitted by Cal. Prob. Code § 1600(a).

E. Modification of Guardianship

Petitioner acknowledges that the court retains continuing jurisdiction to modify the terms of the guardianship, including:

• Changing the guardian
• Expanding or limiting the guardian's powers
• Modifying visitation arrangements
• Adjusting bond requirements
• Appointing a successor guardian

XIX. JUDICIAL COUNCIL FORMS CHECKLIST

Required Forms

☐ GC-210 — Petition for Appointment of Guardian of Minor (for estate or person and estate)
☐ GC-210(P) — Petition for Appointment of Guardian of the Person (for person only)
☐ GC-210(CA) — Guardianship Petition — Child Information Attachment (one per child)
☐ FL-105/GC-120 — Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
☐ GC-212 — Confidential Guardian Screening Form
☐ GC-020 — Notice of Hearing — Guardianship or Conservatorship
☐ GC-020(C) — Proof of Service of Notice of Hearing
☐ GC-248 — Duties of Guardian (information sheet acknowledged by guardian)

Additional Forms as Applicable

☐ GC-110 — Order Appointing Guardian of Minor (prepared for court signature)
☐ GC-110(P) — Order Appointing Guardian of the Person (person-only proceedings)
☐ GC-240 — Order Appointing Temporary Guardian or Conservator
☐ GC-250 — Letters of Guardianship
☐ GC-251 — Confidential Guardianship Status Report (filed annually after appointment)
☐ GC-310 — Petition for Appointment of Guardian of the Estate
☐ GC-040 — Inventory and Appraisal (for estate guardianship)
☐ GC-150 — Petition for Special Orders; Report; Account (various uses)
☐ ICWA-030 — Notice of Child Custody Proceeding for Indian Child (if ICWA applies)
☐ ICWA-020 — Parental Notification of Indian Status
☐ GC-205-INFO — Information on Probate Guardianship of the Person (for self-represented parties)
☐ MC-030 — Declaration (for supporting declarations)

XX. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court:

A. Set this Petition for hearing and direct the issuance of notice to all persons entitled to notice under Cal. Prob. Code § 1511;

B. Appoint [________________________________] as Guardian of the:
☐ Person
☐ Estate
☐ Person and Estate
of [________________________________], a minor;

C. Fix the bond, if any, in the amount of $[________________________________], or waive bond as requested herein;

D. Direct the clerk to issue Letters of Guardianship (Judicial Council Form GC-250) upon the guardian's qualification;

E. Grant the guardian all powers set forth in Section XV of this Petition and as permitted by law;

F. If requested, appoint a temporary guardian pending the hearing on the general guardianship petition;

G. Order that the minor's educational rights are vested in the guardian;

H. Make all findings required by law, including those required by ICWA if applicable;

I. Award any other and further relief the Court deems just and proper in the best interest of the minor.

XXI. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of California as follows:

1. I am the Petitioner in this guardianship proceeding.

2. I have read the foregoing Petition for Appointment of Guardian of Minor and know its contents.

3. The matters stated in this Petition are 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.

4. I have not filed and am not a party to any adoption, juvenile court, marriage dissolution, domestic relations, custody, or other proceeding affecting the minor named in this Petition other than as disclosed herein.

5. ☐ I have made inquiry regarding whether the minor is or may be an Indian child, and my findings are set forth in Section X of this Petition.

6. ☐ I understand that if I have made false statements in this Petition, I may be subject to criminal prosecution for perjury and other penalties.

Executed on [__/__/____], at [________________________________], California.

_______________________________________________
[________________________________]
Petitioner

XXII. ATTORNEY INFORMATION AND SIGNATURE

Attorney for Petitioner:

Dated: [__/__/____]

_______________________________________________
[________________________________], Esq.
Attorney for Petitioner

XXIII. PROOF OF SERVICE

I, [________________________________], declare:

I am over the age of 18 years and not a party to this proceeding. On [__/__/____], I served a copy of the Petition for Appointment of Guardian and Notice of Hearing on each of the following persons in the manner indicated:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], California.

_______________________________________________
[________________________________]
(Person Who Served Papers)

XXIV. EXHIBITS AND ATTACHMENTS CHECKLIST

The following documents are attached to this Petition:

☐ Exhibit A — Written Consent(s) of Parent(s) to Guardianship
☐ Exhibit B — Parental Nomination of Guardian (if any, under Cal. Prob. Code §§ 1500-1502)
☐ Exhibit C — Certified Copy of Minor's Birth Certificate
☐ Exhibit D — Declaration of Due Diligence (for absent parents)
☐ Exhibit E — Proposed Guardian's Criminal Background Disclosure
☐ Exhibit F — Property Inventory and Estimated Values (if estate guardianship)
☐ Exhibit G — Supporting Declaration(s) Regarding Necessity of Guardianship
☐ Exhibit H — UCCJEA Declaration (Judicial Council Form FL-105/GC-120)
☐ Exhibit I — Confidential Guardian Screening Form (Judicial Council Form GC-212)
☐ Exhibit J — ICWA-Related Documents (if applicable)
☐ Exhibit K — Bond Documentation or Waiver Request
☐ Exhibit L — Other: [________________________________]

XXV. SOURCES AND REFERENCES

California Probate Code

• Cal. Prob. Code §§ 1500-1502 — Nomination of Guardian
• Cal. Prob. Code §§ 1510-1517 — Appointment of Guardian Generally
• Cal. Prob. Code § 1511 — Notice of Hearing
• Cal. Prob. Code § 1513 — Court Investigation and Report
• Cal. Prob. Code § 1514 — Selection of Guardian
• Cal. Prob. Code §§ 1540-1542 — Guardianship of the Estate
• Cal. Prob. Code §§ 1600-1602 — Termination of Guardianship
• Cal. Prob. Code § 1459.5 — ICWA Applicability in Probate
• Cal. Prob. Code §§ 2250-2258 — Temporary Guardians and Conservators
• Cal. Prob. Code §§ 2320-2335 — Bonds of Guardians and Conservators
• Cal. Prob. Code §§ 2351-2358 — Guardian of the Person — Duties
• Cal. Prob. Code §§ 2400-2407 — Guardian of the Estate — Duties
• Cal. Prob. Code § 2620 — Accounting by Guardian or Conservator

California Family Code

• Cal. Fam. Code § 3041 — Custody to Nonparent; Detriment Finding
• Cal. Fam. Code § 7505 — Caregiver Authorization Affidavit

California Education Code

• Cal. Educ. Code § 48204 — Residency Requirements for School Enrollment

California Welfare and Institutions Code

• Cal. Welf. & Inst. Code §§ 224-224.6 — ICWA Inquiry and Notice

California Rules of Court

• Cal. Rules of Court, Rules 7.1001-7.1021 — Guardianship Proceedings
• Cal. Rules of Court, Rule 7.1015 — ICWA in Guardianship Proceedings
• Cal. Rules of Court, Rule 7.575 — Accounting of Guardians

Judicial Council Forms

• GC-210 — Petition for Appointment of Guardian of Minor
• GC-210(P) — Petition for Appointment of Guardian of the Person
• GC-205-INFO — Information on Probate Guardianship
• GC-248 — Duties of Guardian
• GC-250 — Letters of Guardianship
• GC-251 — Confidential Guardianship Status Report
• GC-310 — Petition for Appointment of Guardian of the Estate
• California Courts Self-Help: Guardianship

Federal Law

• 25 U.S.C. §§ 1901-1963 — Indian Child Welfare Act

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.