Temporary Guardianship California: Forms, Cost and Process

What Temporary Guardianship Is

Temporary guardianship in California is a court order giving a non-parent legal authority over a child's person, education and medical care while a general guardianship case proceeds. Under Probate Code Section 2257, a temporary guardian's authority generally ends when a general guardian is appointed or 30 days after the temporary appointment, whichever comes first; the court may extend or shorten that period for good cause. It's filed through probate court under the Probate Code Section 1500 series.

It's a bigger step than the Caregiver's Authorization Affidavit, and most grandparents and relatives don't actually need it right away. But when you do need it, here's how the process works.

When You Need It (and When You Don't)

You probably need guardianship if:

• A parent is actively objecting to your care of the child and you believe removing the child would be harmful
• A ward age 14 or older needs surgery without the ward's consent. Probate Code Section 2353 generally requires the ward's and guardian's consent or a court order, except for a qualifying emergency. Psychotropic medication for a dependent foster youth requires a separate court order using Form JV-220.
• You want legal stability — the affidavit can be overridden by a parent at any time, while a guardianship order stays in place until the court changes it
• A health plan or other institution requires a court order and won't accept the affidavit
• Your health plan requires court documents before adding the child. Check the plan's eligibility and documentation rules first; a Caregiver's Authorization Affidavit does not confer dependency for health coverage.

You probably don't need guardianship if:

• The parent isn't objecting (or can't be reached) and you just need to get the child into school and to a doctor. The Caregiver's Authorization Affidavit covers this.
• Your situation is temporary — a parent is in short-term rehab or a brief incarceration — and you expect the child to return home within months.

The Forms

GC-210: Petition for Appointment of Guardian of the Person. This is the main petition for a full (not temporary) guardianship.

GC-110(P): Petition for Appointment of Temporary Guardian of the Person. This requests an earlier hearing before a full investigation is complete. You cannot request temporary guardianship by itself; file it with the general guardianship case. The court sets the hearing date.

GC-210(CA): Guardianship Petition — Child Information Attachment. Required alongside GC-210.

Additional forms include the Order Appointing Guardian (GC-240), Letters of Guardianship (GC-250), and various notice forms for parents and relatives. All are available from the California Courts Self-Help Portal.

What It Costs

Probate guardianship in California isn't cheap:

• Filing fee: $225 in most counties for a guardianship of the person; a few counties charge $35–$50 more
• Court investigation and other fees: These are additional to the filing fee, and the amount depends on the court or county
• Service: Parents and the child if age 12 or older generally must be personally served; other family members receive notice by mail. Check the court's instructions for deadlines and local requirements.
• Attorney fees (optional): Published California family-law estimates put hourly rates around $254–$500. A guardianship-specific retainer and total depend on the attorney and case; ask for a written estimate.

Fee waivers can cover filing, investigation and other fees. For a proposed guardian, the court looks at the child's income and ability to pay; ask the court's Self-Help Center which application to use.

Filing Without a Lawyer

California allows you to file for guardianship without an attorney. Every Superior Court has a Self-Help Center with staff who can help you fill out forms (they can't give legal advice, but they can explain what goes where). Some counties also have facilitator programs specifically for guardianship.

The process, simplified:

1. Complete and file GC-210 and GC-210(CA) with the probate court in the county where the child lives
2. If you need temporary authority before the hearing, also file GC-110(P)
3. Have a person not involved in the case personally serve the parents and the child if age 12 or older at least 15 calendar days before the general hearing; other relatives receive notice by mail. For a temporary petition, the parents, child age 12 or older, and anyone with a valid visitation order must be hand-served at least 5 court days before the hearing. File proof of service at least 5 court days before the hearing.
4. The court schedules an investigation — an investigator visits your home, interviews you and the child, and may contact the parents
5. Attend the hearing. The judge decides after reviewing the investigation and any objections.

California Courts says a general guardianship decision takes at least a month, usually longer. A temporary petition gets an earlier court date, but the timing depends on the court and case.

What You Get

A guardianship order gives you full legal authority over the child's person: where they live, where they go to school, all medical decisions, travel including international (with a court order authorizing passport applications). It remains in effect until the child turns 18, is adopted, or the court terminates the guardianship.

Unlike the Caregiver's Authorization Affidavit, a guardianship can't be unilaterally overridden by a parent. A parent who wants to regain custody must petition the court.

The Free Legal Help

If cost is a barrier, several organizations provide free guardianship assistance to kinship caregivers:

• Alliance for Children's Rights (Los Angeles County focus)
• Public Counsel (LA County)
• Legal Services of Northern California (northern counties)
• Bay Area Legal Aid (Bay Area counties)
• Your county's Kinship Support Services Program (KSSP) can often connect you with pro bono attorneys

Start With the Affidavit, Escalate If Needed

Most grandparents and relatives start with the Caregiver's Authorization Affidavit — it's free, immediate, and handles the two most urgent needs: school enrollment and medical care. If your situation later requires the stability of a court order, guardianship is there.

The California School and Medical Consent Guide explains both the affidavit and the guardianship pathway, including how to decide which one fits your situation.

See more California guides →