Superior Court of California, San Bernardino County

Superior Court of California, San Bernardino County

Guardianship

Forms and Form Kits:

General Information:

Our Resource Center can assist self-represented litigants with guardianship cases. Although we can explain court procedures and review forms, we cannot provide legal advice, and we do not have the ability to complete forms for you. You can visit our Resource Center in person, or contact by phone or email for assistance. Our services include: reviewing your initial Guardianship Petition, Petition to Terminate and Petition for Visitation, assistance with Clearing Probate Notes, and information about the notice process.

Please note: Our services to review Guardianship Petitions are limited to specific days and locations, please contact our Resource Center for details. Prior to coming in for review, please follow the steps below:
  • Make sure you have completed ALL of the forms. You can do this on a computer program, filling out each form on-line, or filling the papers out by hand in black ink.
  • Bring 1 SET of all the papers on the day we review this type of paperwork.

The Resource Center CANNOT print any missing forms for you – even if you didn’t realize you needed it. If you forget a form, you will need to purchase that form at the clerk’s office or come back after you print it. For general guardianship information, you can click on each topic below.

Guardianship of the Person

Guardianship Steps

Who to Serve and How to Serve

Objection to Guardianship

Before you go to Court

How to locate your Guardianship Probate Notes online

Guardianship of the Person

A guardianship is when the Court appoints an adult who is not the child’s parent to take care of the child or the child’s property.

There are two kinds of Probate Guardianships:
  • Guardianship of the Person
  • Guardianship of the Estate*

Guardianship of the person is set up because a child is living with an adult who is not a parent, and the adult needs the legal authority to make decisions on behalf of the child. In a Probate Guardianship of the Person, the guardian has full legal and physical custody of the child.

The guardian generally has the same responsibilities as a parent. That means the guardian is responsible for the child’s care, including the child’s:
  • Food, clothing and shelter
  • Safety and protection
  • Physical and emotional growth
  • Medical and dental care
  • Education and any special needs
*Our Resource Center does not assist with Guardianship of the Estate cases.

Guardianship Steps

Establishing a Guardianship can become very complicated. The basic steps are listed below; however you may need help with this process. You can contact the Self-Help Center or ask a lawyer to help you.

Step 1: Make sure you have all the forms you need:
  • To establish a Guardianship of the Person or the Estate, you need the forms listed below.
  • You can download the forms by clicking on the form number below. You can also access them from the Judicial Council’s Forms page or through the TurboCourt link above.
Form Number Name of Form
GC-110(P) Petition for Appointment of Temporary Guardian of the Person (TEMPORARY)
GC-140 Order Appointing Temporary Guardian
GC-150 Letters of Temporary Guardianship or Conservatorship
GC-210(P) Petition for Appointment of Guardian of the Person
GC-210(CA) Guardianship Petition - Child Information Attachment
GC-211 Consent of Proposed Guardian
GC-212 Confidential Guardian Screening Form
GC-248 Duties of Guardian
FL-105 UCCJEA
GC-250 Letters of Guardianship
GC-240 Order Appointing Guardian
GC-020 Notice of Hearing - Guardianship or Conservatorship
GC-020(MA) Attachment to Notice of Hearing Proof of Service by Mail
GC-020(P) Proof of Personal Service of Notice of Hearing
13-16503-360 Certificate of Assignment (local form)
SB-13548 Referral for CII/DVROS/ICMS Report (local form)
SB-18074 Guardianship Questionnaire (local form)
MC-030 Declaration
13-10840-360 Request to Excuse Notice with Due Diligence Declaration (local form)

Step 2: Fill out your forms completely.

Samples can be emailed to you by request at: selfhelpforms@sb-court.org

Step 3: File forms with the Probate Clerk’s Office
  • Submit the original + 2 copies of ALL the completed paperwork to the clerk’s office in San Bernardino at 247 W. 3rd Street, 2nd Floor. You will need to pay the fee or submit a Request to Waive Court Fees.
  • Ensure that the necessary people receive legal notice of the court date and receive a copy of your paperwork.
  • Service must be completed at least 15 days prior to your court date.
  • If a person signs a Consent form (GC-211), then you don’t need to give them notice.

Step 4: Give notice of the hearing to certain people and agencies

The law says you must “give notice” to certain people, relatives and agencies. This means someone — not you — must “serve” (give) copies of your Court forms either personally or by mail to those people and agencies so they will know you are asking to be the guardian of the child.

You must do this even if you think they don’t care or may disagree with you.

There are rules for giving notice. You must follow them carefully. Otherwise, you may have to go back to Court.

Who to Serve and How to Serve

  • Service by personal hand delivery:
    • Mother
    • Father
    • Minor (if minor is 12 years or older)
  • Service by mail:
    • Both sets of grandparents (mother’s side & father’s side)
    • Any brothers/sisters of the guardianship child – as long as the brothers and/or sisters are at least 12 years old
  • There may be additional notice required in your specific situation, such as if the guardianship child is of Native American ancestry or developmentally disabled.
  • If you cannot locate someone who you need to serve:
    • Submit the Request to Excuse Notice with Due Diligence Declaration (Local Form) to the clerk’s office showing that you tried to find the person but could not do so.

Inform the court that you completed the service step. You must file your Notice of Hearing form (GC-020) with the clerk (1 week before court date) showing that you have served all the required persons. Page 2 of the Notice of Hearing form is used to list all persons who were mailed the papers. For anyone who received the papers by personal delivery, attach the form GC-020(P) proof of personal service.

Objection to Guardianship

Anyone who disagrees with a guardianship can let the judge know of their concerns by objecting to the guardianship. If you do not agree to the appointment of the guardian for the minor child, you will need to file an “Objection to Guardianship” with the Court before the proposed guardian is appointed Guardian. In the objection, you will need to explain to the judge why a guardianship is not in the child’s best interests or explain to the judge why you object to this particular person being guardian. You can use the “Objection to Guardianship” form located at the top of this page.

Please note, before you can file the Objection to Guardianship, you must have the proposed guardian served with a copy of your objection. The objection can be served by mail by anyone who is at least 18-years-old; however you cannot serve the proposed guardian. Be sure to have your server complete the second page of the objection, which is the Proof of Service of Objection, after they serve the proposed guardian. When you are ready to file, bring the original Objection to Guardianship and Proof of Service of Objection to the Probate Clerk’s Office with a copy.

Before you go to Court . . .

  • Did you finish giving notice to everyone (relatives)?
  • Did you file your completed Notice of Hearing and Proof of Service form at the guardianship window?
  • Do you know that you can look on the internet to see if you are missing paperwork? The judge reads these “probate notes” when looking to see if your case is ready for a decision. (See instructions below)
  • Many times, there is more paperwork to be filed with the clerk before the judge can decide if you can be the guardian.

How to locate your Guardianship Probate Notes Online

1. Go to the court’s homepage

2. Under Online Services, scroll down and click on Probate Notes

3. Search for your hearing date

4. Click on the underlined File Name and read about your case