California Guardian Ad Litem: Qualifications, Forms, and Costs

To have a guardian ad litem appointed in California, someone with standing files an application with the court identifying a competent adult who has no conflict of interest with the minor, incapacitated person, or conservatee involved in the lawsuit. The California guardian ad litem requirements come from Code of Civil Procedure section 372, which mandates that these individuals appear through an existing guardian or conservator or through a GAL appointed for the case, and from section 373, which sets the rules for who applies and when.¹ The GAL’s job is narrow: protect the protected person’s interests through the litigation, nothing more.

Who Qualifies to Serve

The proposed GAL must be a competent adult who understands the legal proceedings and the responsibilities of the role. The controlling qualification is the absence of any conflict of interest with the person they would represent. Probate proceedings make this obligation 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 If a conflict surfaces after appointment, the GAL must disclose it to the court immediately.

Courts generally prefer someone who already has a relationship with the protected person, such as a parent, other relative, or close family friend. When no suitable individual is available, the court may appoint a professional or court-approved volunteer. In probate matters, a single GAL can represent multiple persons or interests, as long as no conflict exists between them.²

The role is distinct from an attorney, who advocates for a client’s expressed wishes. It is also distinct from a Court Appointed Special Advocate. CASAs serve in juvenile dependency cases involving abuse or neglect; if you are dealing with a civil, family, or probate matter, the CASA program does not apply.³

Who Can Apply and When

Code of Civil Procedure section 373 sets different rules depending on whether the protected person is a minor or an incapacitated adult, and whether they are the plaintiff or defendant.⁴

If the minor is the plaintiff, the appointment must happen before the summons is issued. A minor 14 or older may apply on their own behalf; if the minor is under 14, a relative or friend must file.
If the minor is the defendant, a minor 14 or older has 10 days after being served with the summons to apply. If the minor is under 14, or the older minor does not apply within that window, a relative, friend, any other party, or the court itself can initiate the appointment.
If the protected person is an 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. On the defense side, appointment can follow service. For incapacitated adults there is no statutory deadline, but waiting invites procedural complications.

The Forms to File

Civil and Family Law Cases

The mandatory Judicial Council form is the Application for Appointment of Guardian Ad Litem—Civil and Family Law (Form CIV-010/FL-935).⁵ The application asks for the proposed GAL’s contact information, their relationship to the protected party, a statement that the proposed GAL consents to the appointment, 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 court approves the application, the judge signs the Order Appointing Guardian Ad Litem—Civil and Family Law (Form CIV-011/FL-936), which formally grants the GAL authority to act.⁶

Probate Cases

For proceedings involving trusts, estates, guardianships, or conservatorships, use the Petition for Appointment of Guardian Ad Litem—Probate (Form GC-100).⁷ Probate Code section 1003 gives the court broader latitude here: it can appoint a GAL on its own motion or at the request of a personal representative, guardian, conservator, trustee, or other interested person, and the protected parties may include unborn beneficiaries, unascertained persons, and people whose identity or address is unknown.²

When a Guardian or Conservator Already Exists

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

The Hearing and Order

After filing, serve the application on all other parties, and sometimes on the protected person, depending on local court rules. This gives anyone with a stake in the outcome a chance to raise objections about the proposed GAL’s suitability or potential conflicts.

At the hearing, the judge reviews the application, considers any objections, and decides whether the proposed GAL is appropriate. If the paperwork is incomplete or the judge has questions, the court may request additional declarations before ruling. The appointment is not effective until the judge signs the order, and nothing the proposed GAL does before that signed order carries legal authority in the case.

What the GAL Can and Cannot Do

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

What a GAL cannot do is act outside the litigation. The appointment does not give the GAL power to make medical decisions, manage the protected person’s finances, or control where they live. Those decisions belong to a legal guardian, conservator, or parent. The roles are easy to confuse, especially when the same person serves as both a GAL and a family member with other responsibilities.

Costs

A GAL appointment is not free. In probate proceedings, the court determines the GAL’s reasonable expenses, including compensation and attorney’s fees, and orders payment from the estate involved, by the petitioner, or from another source the court deems appropriate.² In civil and family law cases, the court has discretion to allocate GAL-related costs between the parties. A professional GAL’s hourly rate varies widely depending on the complexity of the case and the GAL’s experience. Budget for this early, because either side can be ordered to pay.

What Happens If You Skip It

Proceeding without a GAL when one is required creates serious problems. Under section 372, a minor or incapacitated person must appear through a representative. If a case moves forward without one, any resulting judgment or settlement may be challenged as voidable. The entire purpose of the requirement is to prevent someone who cannot protect their own interests from being bound by a legal outcome they did not meaningfully participate in. If you realize mid-case that a GAL should have been appointed at the outset, raise the issue with the court immediately.

When the Appointment Ends

The appointment is temporary by design and lasts only as long as the litigation requires it. It 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 a specific order terminating the appointment. The GAL has no continuing authority afterward, and any attempt to act on behalf of the formerly protected person after that point carries no legal weight.

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