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California Application for Guardian

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APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

CIV-010

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO. FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS

MAILING ADDRESS

CITY AND ZIP CODE

BRANCH NAME

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

EX PARTE

Note: This form is for use in civil proceedings in which a party is a minor, an incapacitated person, or a person for whom a conservator has been appointed. A party who seeks the appointment of a guardian ad litem in a family law proceeding should use form FL-935. A party who seeks the appointment of a guardian ad litem in a probate proceeding should use form DE-350/GC-100. An individual may not act as a guardian ad litem unless he or she is represented by an attorney or is an attorney.

1. Applicant (name):

a. the parent of (name):

b. the guardian of (name):

c. the conservator of (name):

d. a party to the suit.

e. the minor to be represented (if the minor is 14 years of age or older).

f. another interested person (specify capacity):

2. This application seeks the appointment of the following person as guardian ad litem (state name, address, and telephone number):

3. The guardian ad litem is to represent the interests of the following person (state name, address, and telephone number):

4. The person to be represented is:

a. a minor (date of birth):

b. an incompetent person.

c. a person for whom a conservator has been appointed.

5. The court should appoint a guardian ad litem because:

a. the person named in item 3 has a cause or causes of action on which suit should be brought (describe):

Continued on Attachment 5a.

b. more than 10 days have elapsed since the summons in the above-entitled matter was served on the person named in item 3, and no application for the appointment of a guardian ad litem has been made by the person identified in item 3 or any other person.

c. the person named in item 3 has no guardian or conservator of his or her estate.

d. the appointment of a guardian ad litem is necessary for the following reasons (specify):

Continued on Attachment 5d.

6. The proposed guardian ad litem's relationship to the person he or she will be representing is:

a. related (state relationship):

b. not related (specify capacity):

7. The proposed guardian ad litem is fully competent and qualified to understand and protect the rights of the person he or she will represent and has no interests adverse to the interests of that person. (If there are any issues of competency or qualification or any possible adverse interests, describe and explain why the proposed guardian should nevertheless be appointed):

Continued on Attachment 7.

(TYPE OR PRINT NAME)

(SIGNATURE OF ATTORNEY)

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 OF APPLICANT)

CONSENT TO ACT AS GUARDIAN AD LITEM

I consent to the appointment as guardian ad litem under the above petition.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF PROPOSED GUARDIAN AD LITEM)

ORDER EX PARTE

THE COURT FINDS that it is reasonable and necessary to appoint a guardian ad litem for the person named in item 3 of the application, as requested.

THE COURT ORDERS that (name): is hereby appointed as the guardian ad litem for (name): for the reasons set forth in item 5 of the application.

Date:

(JUDICIAL OFFICER)

SIGNATURE FOLLOWS LAST ATTACHMENT

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What the California Application for Guardian Is and when it’s used

The California Application for Guardian is a court petition filed in superior court to establish a guardian for a minor or an adult who cannot manage personal or financial affairs. The filing initiates a judicial proceeding that may include temporary orders, background checks, a hearing, and an appointment of a guardian. Courts require supporting declarations, medical and social evaluations when appropriate, and service on interested parties. This application differs from a conservatorship petition and triggers ongoing reporting obligations for the appointed guardian once the court issues an order.

Why a correctly completed application matters

A complete, accurate application helps the court assess the proposed guardian’s fitness, prevents processing delays, and reduces the risk of contested hearings. Proper documentation protects the proposed ward’s rights and supports lawful decision-making authority after appointment.

Why a correctly completed application matters

Who typically prepares or files this application

The application is usually prepared by family members, qualified professionals, or attorneys acting for an interested person. It is also completed by social workers or agency representatives when protective placement or child welfare issues exist.

  • Parents or relatives petitioning for guardianship of a minor when the parent is unavailable or incapacitated.
  • Adult children or close friends filing for guardianship of an incapacitated adult with health or cognitive limitations.
  • Attorneys and legal aid organizations serving clients who need court-appointed decision-making authority.

Filing parties should confirm local superior court rules and required forms, as counties may have supplemental checklists, mandatory local forms, or required intake interviews.

Common roles who sign or authorize the filing

Petitioner

The person who signs and files the petition with the court. The petitioner provides facts, declares fitness for appointment, and completes required service and background disclosures.

Proposed Guardian

The individual nominated to act as guardian. They must complete declarations, submit background information, and typically sign acceptance documents at the hearing or on appointment.

Essential data elements required on the application

Ward Identity: Full legal name
Ward DOB: Date of birth
Petitioner Info: Name and contact details
Guardian Info: Proposed guardian details
Relationship: Nature of relationship
Reason: Summary grounds for guardianship

Consequences of errors or omissions

Filing Rejection: Defective filing denied
Hearing Delay: Scheduled later by court
Contested Appointment: Opposition increases costs
Bond Issues: Bond may be required
Financial Liability: Guardians may face accountability
Legal Fees: Increased attorney costs

Frequent problems to avoid when preparing the application

  • Incomplete service records or incorrect mailing addresses that prevent the court from finding notice effective and may force re-service and delay the hearing.
  • Missing or inconsistent identity information for the proposed ward or proposed guardian, such as mismatched names or dates of birth, which can lead to rejection or contested identity issues.
  • Lack of supporting medical or social history when alleging incapacity, producing insufficient evidence for the judge to order guardianship over less-restrictive alternatives.
  • Failure to check county-specific local forms or mandatory checklists; many superior courts require additional local documents that must accompany the statewide petition.

Step-by-step: filling out the California Application for Guardian

Follow these steps in order to prepare a complete petition and supporting package before filing with the superior court.

  • 01
    Gather documents: Collect IDs, medical reports, and declarations.
  • 02
    Complete petition: Enter names, dates, and factual grounds fully.
  • 03
    Attach evidence: Add medical statements and social reports.
  • 04
    File and serve: File with court and serve interested parties.

How the filing and appointment process typically works

The application triggers a coordinated court workflow that includes intake, notification to interested parties, a hearing, and post-appointment reporting requirements.

  • Intake: Clerk accepts petition and assigns case number.
  • Notice: Court-required notice mailed to interested parties.
  • Hearing: Judge reviews evidence and hears objections.
  • Appointment: If granted, court issues letters of guardianship.

Core sections to complete for a professional submission

A polished petition organizes factual claims, supporting evidence, and court-required declarations to make review straightforward for the judge and court staff.

Caption and Case Data

Include the court name, case title, case number (leave blank if filing first), and full identifying details for petitioner and proposed guardian so the clerk can open and index the case correctly.

Grounds for Petition

Provide a clear, concise statement of facts explaining why a guardian is necessary, including specific examples of incapacity, risks to the ward, and prior attempts at less-restrictive interventions.

Supporting Declarations

Attach signed declarations from medical providers, social workers, or other professionals documenting the ward’s incapacity and prognosis; include dates, credentials, and contact information.

Notice and Service Details

Document how notice was provided to parents, relatives, and other interested parties; include proof of service forms and any registered mail receipts required by local rules.

Proposed Guardian Statement

The proposed guardian should provide a signed declaration of willingness, background information, conflicts, criminal history disclosures, and an acceptance of duties and fiduciary obligations.

Bond and Accounting Plan

When financial guardianship is sought, include proposed bond information, initial inventory plans, and proposed accounting frequency to address the court’s fiduciary concerns.

Practical tips for accurate and efficient completion

Follow these drafting and filing practices to reduce risk of delay and increase clarity for court review.

Use consistent legal names
Enter the ward’s and guardian’s legal names exactly as shown on government-issued identification. Consistency prevents identity disputes and ensures background checks match records.
Date formats and signatures
Use MM/DD/YYYY for all dates and ensure all required signers sign and date in the correct places. Unsigned or undated forms are commonly rejected by clerks.
Attach clear medical evidence
Include dated professional statements describing incapacity, listing tests or observations relied upon. Vague or unsigned medical notes are frequently insufficient at hearing.
Confirm local court requirements
Check the superior court’s local rules and mandatory forms. Many counties require additional checklists, local declarations, or pre-filing consultations that are essential for acceptance.

Key timing and deadline considerations

Timing varies by county; use these deadlines and common timing expectations when planning the filing and hearing.

Filing to Hearing:

Hearing may be scheduled 4–8 weeks after filing in many counties.

Service Deadline:

Serve interested parties before the hearing per local rules.

Temporary Orders:

Request temporary orders at filing if urgent care or placement needed.

Accounting Start:

Financial accounting often begins at appointment date.

Reporting Cadence:

Annual or court-ordered reports may be required post-appointment.

Frequently asked questions about the California Application for Guardian

Answers to common procedural and e-signature questions that arise when preparing or filing guardianship petitions in California.


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The table compares starting price and essential capabilities; signNow is listed first per vendor-comparison conventions and includes plan-level differences.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
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