California Guardian Ad Litem: Qualifications, Forms, and Hearing

California guardian ad litem requirements come down to this: the proposed representative must be a competent adult with no conflict of interest, formally appointed by a judge through a Judicial Council application, to protect the interests of a minor or an adult who lacks legal capacity in a specific lawsuit. Code of Civil Procedure section 372 requires these parties to appear through an existing guardian, an existing conservator, or a guardian ad litem (GAL) appointed for the case.¹ The GAL protects the party’s interests within the litigation and nothing beyond it.

Who Qualifies to Serve

The proposed GAL must be an adult who can understand the proceedings and the responsibilities involved. The decisive qualification is the absence of any conflict of interest with the person they would represent. Probate Code section 1003 makes this explicit: before appointment, the proposed GAL must disclose any known actual or potential conflicts of interest to the court and all parties, along with any familial or affiliate relationship with anyone involved in the case.² A conflict that surfaces after appointment must be disclosed immediately.

Courts generally prefer someone with an existing relationship to the protected person: a parent, another relative, or a close family friend. When no suitable person is available, the court may turn to a professional or a court-approved volunteer. In probate matters, one GAL can represent multiple persons or interests as long as no conflict exists among them.²

Who Can Apply and When

Code of Civil Procedure section 373 sets out who may apply and the deadlines, which turn on whether the protected party is a minor or an incapacitated adult and whether they are the plaintiff or defendant.³

Minor plaintiff: the appointment must happen before the summons is issued. A minor 14 or older may apply on their own behalf; if under 14, a relative or friend must file.
Minor defendant: a minor 14 or older has 10 days after service of the summons to apply. If the minor is under 14 or fails to apply within that window, a relative, friend, any other party, or the court itself may initiate the appointment.
Incapacitated adult: a relative, friend, any other party, or the court on its own motion may apply at any point in the proceedings.

Timing matters. A plaintiff-side GAL must be in place before the case formally begins; a defendant-side GAL can be appointed after service. There is no statutory deadline for incapacitated adults, but delay invites procedural trouble.

The Forms You File

Civil and Family Law Cases

Use the Application for Appointment of Guardian Ad Litem—Civil and Family Law (Form CIV-010/FL-935).⁴ This mandatory Judicial Council form covers cases where a party is a minor, lacks legal capacity, or has a conservator. It asks for the proposed GAL’s contact information and relationship to the party, a statement of consent, a declaration that no conflicts of interest exist, and a specific explanation of why the appointment is necessary, such as the minor’s date of birth or a description of the adult’s incapacity. If the judge approves, the court signs the Order Appointing Guardian Ad Litem—Civil and Family Law (Form CIV-011/FL-936), which gives the GAL authority to act in the case.⁵

Probate Cases

For trusts, estates, guardianships, and conservatorships, use the Petition for Appointment of Guardian Ad Litem—Probate (Form GC-100).⁶ Probate Code section 1003 lets the court appoint on its own motion or at the request of a personal representative, guardian, conservator, trustee, or any other interested person.²

When a Guardian or Conservator Already Exists

A party who already has a guardian or conservator of the estate does not automatically need a GAL, but the court can still appoint one. The applicant must notify the existing guardian or conservator, explain in the application why that person cannot adequately represent the party’s interests in this particular lawsuit, and allow five court days for an opposition.¹ Many applications stall here. If you cannot explain why the existing representative falls short for this case, the court is unlikely to approve a separate GAL.

The Hearing and When Authority Begins

After filing, the applicant serves the application on all other parties, and sometimes on the protected person, depending on local court rules. This gives anyone with a stake an opportunity to object to the proposed GAL’s suitability or raise conflict concerns. At the hearing, the judge reviews the application, considers objections, and decides. If the paperwork is incomplete, the court may ask for additional declarations before ruling. The appointment takes effect only when the judge signs the order. Nothing the proposed GAL does before that signature carries legal authority in the case.

What the GAL Can and Cannot Do

The GAL’s authority is confined to the lawsuit. The GAL makes litigation decisions, attends hearings, and works with the party’s attorney on strategy. With court approval, the GAL can agree to a settlement or compromise on behalf of the protected party.¹ Settlement funds or property paid for the benefit of a minor or incapacitated person must be handled under Probate Code procedures, not simply handed to the GAL.

Outside the litigation, the GAL has no power. The appointment does not authorize medical decisions, financial management, or decisions about where the person lives. Those belong to a legal guardian, conservator, or parent. The roles can overlap in one person but not in authority.

Who Pays

GAL service is not free. In probate proceedings, the court determines reasonable expenses, including compensation and attorney’s fees, and orders payment from the estate, by the petitioner, or from another source the court deems appropriate.² In civil and family law cases, the court has discretion to allocate costs between the parties. Professional GAL rates vary with case complexity and experience. Plan for the expense early, because the court can order either side to pay.

If a Required GAL Is Not Appointed

Skipping an appointment when section 372 requires one creates serious problems. A minor or incapacitated person must appear through a representative, and a case that proceeds without one risks a judgment or settlement being challenged as voidable. If you realize mid-case that a GAL should have been in place from the start, raise it with the court immediately.

When the Appointment Ends

A GAL appointment lasts only as long as the litigation requires it. It typically ends when the case concludes with a final judgment or settlement, when a minor turns 18 and gains full legal capacity, when an incapacitated person’s capacity is restored, or when the court issues an order terminating the appointment. After that, the GAL has no continuing authority, and any action taken on behalf of the formerly protected person carries no legal weight.

A Note on Dependency Cases

These requirements govern civil, family law, and probate matters. In child abuse and neglect cases, California law requires the appointment of a GAL who may be either an attorney or a Court Appointed Special Advocate (CASA) volunteer, and that process runs through juvenile dependency court on its own track.⁷ If your situation is a dependency matter rather than a civil, family, or probate case, the forms and rules above do not apply.

1
California Legislative Information. California Code of Civil Procedure 372 – Disability of Party
2
California Legislative Information. California Probate Code 1003 – Appointment of Guardian Ad Litem
3
California Legislative Information. California Code of Civil Procedure 373 – Appointment of Guardian Ad Litem
4
Judicial Branch of California. Application for Appointment of Guardian Ad Litem—Civil and Family Law (CIV-010)
5
California Courts. Order Appointing Guardian Ad Litem—Civil and Family Law (FL-936)
6
Judicial Branch of California. Petition for Appointment of Guardian Ad Litem—Probate (GC-100)
7
California Legislative Information. California Welfare and Institutions Code 326.5