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The California GC 110 form plays a crucial role in the process of establishing temporary guardianship for minors. This form is primarily utilized by individuals seeking to appoint a temporary guardian to ensure the care and protection of a minor’s person or estate. It requires detailed information about the petitioner, the minor, and the proposed guardian, as well as the reasons necessitating the guardianship. The form allows for the appointment of a guardian for the minor’s person, estate, or both, and it outlines specific requests regarding bond requirements and the powers granted to the guardian. Additionally, it addresses the need for temporary guardianship pending various circumstances, such as the appointment of a general guardian or during an appeal. The petitioner must provide evidence supporting the need for guardianship, including the minor's current situation and any potential risks to their welfare. By completing this form, petitioners take an essential step in safeguarding the interests of minors in need of temporary support and protection.

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d.
e.
f.

GC-110

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

FOR COURT USE ONLY

 

 

 

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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TEMPORARY GUARDIANSHIP OF

 

 

 

 

 

CASE NUMBER:

 

(Name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MINOR

 

 

 

 

 

 

 

 

 

 

 

 

PETITION FOR APPOINTMENT OF TEMPORARY GUARDIAN

 

HEARING DATE:

 

 

 

 

 

 

Person*

 

Estate*

 

Person and Estate*

 

DEPT.:

TIME:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Petitioner (name each):

requests that

a.(Name): (Address and telephone number):

be appointed temporary guardian of the PERSON of the minor and Letters issue upon qualification.

b.(Name):

(Address and telephone number):

be appointed temporary guardian of the ESTATE of the minor and Letters issue upon qualification.

c. (1)

 

 

bond not be required because petition is for a temporary guardianship of the person only.

(2)

 

 

bond not be required for the reasons stated in attachment 1c.

 

 

 

 

 

 

(3)

 

$

bond be fixed. It will be furnished by an admitted surety insurer or as otherwise provided by law.

 

 

 

(Specify reasons in Attachment 1c if the amount is different from maximum required by Probate Code section 2320

 

 

 

and Cal. Rules of Court, rule 7.207(c).)

(4)

 

 

 

in deposits in a blocked account be allowed. Receipts will be filed.

 

$

(Specify institution and location):

a request for an exception to notice of the hearing on this petition for good cause is filed with this petition. the powers specified in attachment 1e be granted in addition to the powers provided by law.

other orders be granted (specify in attachment 1f).

2.

The minor is (name):

 

 

 

 

 

 

 

Current address:

 

 

 

Current telephone no.:

3.

The minor requires a temporary guardian to

 

provide for temporary care, maintenance, and support

 

 

 

protect property from loss or injury because (facts are

 

specified in attachment 3

 

as follows):

 

 

 

 

*You MAY use this form or form GC-110(P) for a temporary guardianship of the person. You MUST use this form for a

 

temporary guardianship of the estate or the person and estate.

Page 1 of 2

Form Adopted for Mandatory and Alternative Mandatory Use Instead of Form GC-110(P)

Judicial Council of California

GC-110 [Rev. July 1, 2008]

PETITION FOR APPOINTMENT OF TEMPORARY GUARDIAN

(Probate—Guardianships and Conservatorships)

Probate Code, § 2250; Cal. Rules of Court, rules 7.101, 7.1012 www.courtinfo.ca.gov

GC-110

TEMPORARY GUARDIANSHIP OF

(Name):

MINOR

CASE NUMBER:

3.

(Facts supporting appointment of a temporary guardian (continued)):

4.Temporary guardianship is required

a.

b.

c.

5.

a.

b.

c.

pending the hearing on the petition for appointment of a general guardian. pending the appeal under Probate Code section 1301.

during the suspension of powers of the guardian.

Character and estimated value of the property of the estate (complete if a temporary guardianship of the estate or person and estate is requested):

Personal property:

$

Annual gross income from all sources, including real and

 

personal property, wages, pensions, and public benefits:

$

Additional amount for cost of recovery on the bond, calculated

 

as required under Cal. Rules of Court, rule 7.207(c):

$

d. Total:

$

6. Petitioner believes the minor

will

will not attend the hearing.

7. All attachments to this form are incorporated by this reference as though placed here in this form. There are

 

pages

attached to this form.

 

Date:

 

 

(SIGNATURE OF ATTORNEY*)

 

* (Signature of all petitioners also required (Prob. Code, § 1020).)

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 PETITIONER)

(TYPE OR PRINT NAME)

(SIGNATURE OF PETITIONER)

GC-110 [Rev. July 1, 2008]

PETITION FOR APPOINTMENT OF

TEMPORARY GUARDIAN

Page 2 of 2

(Probate—Guardianships and Conservatorships)

Form Specifications

Fact Name Description
Form Purpose The GC-110 form is used to petition for the appointment of a temporary guardian for a minor.
Governing Laws This form is governed by the California Probate Code, specifically § 2250, and California Rules of Court, rules 7.101 and 7.1012.
Eligibility Petitioners can request guardianship over the person, estate, or both for the minor.
Attachments Attachments are required for additional information, such as reasons for not requiring a bond or details about the minor's needs.
Signature Requirement All petitioners must sign the form, and an attorney's signature is also required if represented.
Hearing Information The form includes sections to specify the hearing date, time, and department for the petition.
Financial Disclosure Petitioners must provide information about the minor's property and income if requesting guardianship of the estate.
Form Adoption The GC-110 form has been adopted for mandatory and alternative use by the Judicial Council of California.

California Gc 110: Usage Guidelines

Filling out the California GC-110 form can seem daunting, but with a clear understanding of each step, the process becomes manageable. This form is essential for those seeking temporary guardianship of a minor. After completing the form, it will be submitted to the court for review, and a hearing will be scheduled to determine the appointment of the temporary guardian.

  1. Begin by entering the name of the attorney or party without an attorney at the top of the form. Include the State Bar number, address, telephone number, and email address if applicable.
  2. In the section labeled "FOR COURT USE ONLY," leave this blank for the court to fill out.
  3. Provide the name of the minor for whom you are seeking guardianship in the "TEMPORARY GUARDIANSHIP OF" section.
  4. Fill in the case number, hearing date, department, and time as applicable.
  5. List the petitioners' names in the space provided, indicating who is requesting the appointment of a temporary guardian.
  6. Specify whether you are requesting a temporary guardian for the person, the estate, or both by checking the appropriate box.
  7. Indicate if a bond is required and provide details about the bond in the specified sections, including any exceptions to notice of the hearing.
  8. Provide the current address and telephone number of the minor.
  9. Explain why the minor requires a temporary guardian by detailing the facts in the space provided or in an attachment.
  10. Complete the section regarding the character and estimated value of the minor's property if applicable, including personal property and annual gross income.
  11. Indicate whether the minor will attend the hearing.
  12. Attach any necessary documents and ensure all attachments are referenced in the form.
  13. Finally, sign and date the form, ensuring that all petitioners also sign where required.

Your Questions, Answered

What is the purpose of the California GC-110 form?

The California GC-110 form is used to petition for the appointment of a temporary guardian for a minor. This form is crucial when a minor requires immediate care, support, or protection, especially in situations where a parent or legal guardian is unable to fulfill these responsibilities. It allows the petitioner to request that the court appoint someone to act on behalf of the minor, either for their personal care or for managing their estate, or both.

Who can file the GC-110 form?

Any adult who has a legitimate interest in the welfare of the minor can file the GC-110 form. This often includes relatives, family friends, or other individuals who are concerned about the minor's well-being. The petitioner must be able to demonstrate that the minor needs a temporary guardian and that the person they are proposing is suitable for the role.

What information is required on the GC-110 form?

The form requires detailed information about the minor, including their name, address, and the reasons why they need a temporary guardian. Additionally, the petitioner must provide their own contact information and specify the individual they wish to appoint as the temporary guardian. Financial details may also be necessary if the petition includes a request for guardianship of the minor's estate, such as the estimated value of the minor's property and income sources.

Is a court hearing necessary after filing the GC-110 form?

Can I use the GC-110 form for both personal and estate guardianship?

Common mistakes

  1. Failure to provide complete contact information for all petitioners, including names, addresses, and telephone numbers.

  2. Not specifying the type of guardianship being requested, such as whether it is for the person, estate, or both.

  3. Omitting required attachments, such as Attachment 1c or Attachment 3, which provide essential details supporting the petition.

  4. Incorrectly indicating whether a bond is required, which can lead to delays in the approval process.

  5. Failing to declare the minor's current address and telephone number, which is critical for the court's records.

  6. Neglecting to sign the form or ensure that all petitioners have signed, as this can result in the petition being rejected.

Documents used along the form

The California GC-110 form is a crucial document used in the process of appointing a temporary guardian for a minor. When filing this form, there are several other documents that may be necessary to ensure a smooth legal process. Below is a list of commonly associated forms and documents that individuals may need to consider.

  • GC-110(P): This form is an alternative to the GC-110 for cases where a temporary guardianship of the person is requested only. It streamlines the process for those not seeking control over the minor's estate.
  • GC-020: The Petition for Appointment of Guardian of the Person is used when seeking a general guardianship. This form is often filed alongside the GC-110 if a permanent guardianship is anticipated following the temporary appointment.
  • GC-021: This is the Order Appointing Guardian of the Person. Once the court approves the petition, this document formalizes the appointment of the guardian and outlines their responsibilities.
  • GC-012: The Consent of the Proposed Guardian is a document that must be signed by the individual being proposed as the guardian. It indicates their willingness to accept the responsibilities associated with guardianship.
  • GC-020(P): This is the Petition for Appointment of Guardian of the Estate, used when a guardian is needed to manage the minor’s financial affairs. It is typically filed in conjunction with the GC-110 when both person and estate guardianship are being requested.

Understanding these associated forms can help streamline the guardianship process in California. Each document serves a specific purpose and plays a vital role in ensuring the minor's best interests are protected throughout the legal proceedings.

Similar forms

  • GC-110(P) - Petition for Appointment of Temporary Guardian of the Person: This form is specifically used for appointing a temporary guardian for the person of a minor, similar to GC-110, which can cover both person and estate.
  • GC-120 - Petition for Appointment of General Guardian: This document is utilized for appointing a general guardian, serving a similar purpose as GC-110 but for a more permanent guardianship arrangement.
  • GC-140 - Order Appointing Guardian: This order is issued after the petition process, similar to the outcomes of GC-110, confirming the appointment of a guardian.
  • GC-211 - Petition for Appointment of Conservator: This form is used for appointing a conservator for an adult, paralleling the guardianship process outlined in GC-110.
  • GC-310 - Petition for Appointment of Temporary Conservator: Similar to GC-110, this form seeks temporary conservatorship for adults, addressing urgent needs for care or management.
  • GC-200 - Petition for Letters of Administration: This document is used in probate cases to appoint an administrator for a deceased person's estate, akin to the estate aspects of GC-110.
  • GC-355 - Report of the Guardian: This report is required from guardians, similar to the ongoing responsibilities outlined in GC-110 for temporary guardians.
  • GC-350 - Petition for Modification of Guardianship: This form is used when changes to an existing guardianship are necessary, relating to the ongoing management responsibilities similar to those in GC-110.

Dos and Don'ts

When filling out the California GC-110 form, it is essential to approach the process carefully to ensure accuracy and compliance. Below is a list of things to do and avoid.

  • Do read the entire form thoroughly before starting.
  • Do provide complete and accurate information for each section.
  • Do include all necessary attachments as specified in the instructions.
  • Do sign the form where indicated, ensuring that all petitioners have signed.
  • Do keep a copy of the completed form for your records.
  • Don't leave any fields blank unless instructed otherwise.
  • Don't use outdated versions of the form; always check for the latest revision.
  • Don't submit the form without reviewing it for errors or omissions.
  • Don't forget to include your contact information, as it is crucial for communication.

By adhering to these guidelines, you can help ensure a smoother process in obtaining temporary guardianship for the minor in question.

Misconceptions

Understanding the California GC-110 form can be challenging due to various misconceptions. Here are ten common misunderstandings, clarified for better comprehension:

  • Only attorneys can file the GC-110 form. This is not true. While having an attorney can help, any individual can file this form to request temporary guardianship.
  • The GC-110 is only for guardianship of the person. Many believe this form is limited to guardianship of the person. In reality, it can also be used for guardianship of the estate or both.
  • A bond is always required. Some think a bond is mandatory for all temporary guardianships. However, a bond may not be necessary if the petition is solely for the person’s guardianship.
  • The minor must attend the hearing. It is a common belief that the minor must be present at the hearing. In fact, the petitioner can indicate whether the minor will attend, and attendance is not always required.
  • All attachments must be submitted with the initial form. Some people assume that all attachments must accompany the GC-110 when filed. While attachments are important, they can be referenced and submitted as needed.
  • The form is only for emergencies. Many think the GC-110 is only applicable in urgent situations. However, it can be used for various circumstances requiring temporary guardianship.
  • Once filed, the guardianship is permanent. There is a misconception that filing this form leads to permanent guardianship. In fact, the GC-110 is specifically for temporary guardianship, which is subject to review.
  • Filing the form guarantees approval. Some individuals believe that submitting the GC-110 will automatically result in the appointment of a guardian. Approval is contingent upon the court’s review and decision.
  • Only relatives can be appointed as temporary guardians. It is often thought that only family members can serve as guardians. In reality, friends or other responsible adults may also be appointed.
  • The form is the same for all counties in California. Some assume that the GC-110 is uniform across all counties. While the form is standardized, local rules and procedures may vary, so it's important to check with the specific county court.

By addressing these misconceptions, individuals can better navigate the process of applying for temporary guardianship in California.

Key takeaways

The California GC-110 form is essential for individuals seeking temporary guardianship of a minor. Here are key takeaways to consider when filling out and using this form:

  • Purpose of the Form: The GC-110 form is specifically designed for petitions for the appointment of a temporary guardian for a minor, either for the person, the estate, or both.
  • Petitioner's Information: The form requires detailed information about the petitioner, including name, address, and contact information.
  • Minor's Details: It is crucial to provide accurate information regarding the minor, including their name, current address, and telephone number.
  • Reasons for Guardianship: The petitioner must clearly state the reasons why a temporary guardian is needed, citing specific facts in an attachment.
  • Bond Requirements: The form allows for requests regarding bond requirements, including options for waiving the bond or specifying an amount.
  • Attachments: All attachments referenced in the form must be included and will be considered part of the petition.
  • Signatures Required: The form must be signed by the petitioner and, if applicable, their attorney. This is a legal requirement for the petition to be valid.

Understanding these key points will help ensure that the GC-110 form is completed accurately and effectively, facilitating the temporary guardianship process.