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CIV-010 Guidance: Application For Appointing Guardian Ad Litem (California)

Use the CIV-010 Application For Appointing Guardian Ad Litem form when a minor or an individual lacking legal capacity is involved in a civil or family law case, and a responsible adult is needed to represent their interests in court. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form CIV-010

When completing form CIV-010, pay special attention to these less obvious sections:

Item 1f

Specify Capacity

If selecting 'another interested person,' clearly specify your relationship to the minor or person who needs a guardian ad litem. This could be as an adult relative, a close family friend, or another relevant relationship. The court needs to understand why you have a vested interest in this appointment.
Item 2

Guardian Information

When providing the proposed guardian ad litem's information, ensure the contact details are current and accurate. If the guardian ad litem is different from the person filing the form or is an attorney, ensure you have their consent to serve in this capacity.
Item 4b

Explain Lack of Capacity

When explaining the basis for a person's lack of legal capacity, provide as much detail as possible. This could include age considerations, documented intellectual or developmental disabilities, or any relevant medical conditions. Attach any supporting documentation if available.
Item 6d

Inadequate Representation

If claiming that an existing guardian or conservator is inadequate, provide a comprehensive explanation of why they cannot represent the interests of the individual in this case. This might include conflicts of interest, lack of legal knowledge, or inability to appear in court.
Item 8b

Specify Familial Relationship

For a familial relationship, be specific—state if you are a parent, sibling, aunt, uncle, etc. The form seeks to determine the closeness and potential biases in the relationship to understand the appropriateness of the appointment.
Item 9b

Conflict of Interest

Detail any known or foreseeable conflicts of interest. Include situations, legal matters, or personal relationships that could influence the guardian ad litem's ability to impartially represent the interests of the person in question. If there are such potential conflicts, explain why these should not bar the appointment.

What to do after filing form CIV-010

1
Serve notice of the application and a copy of the form to the guardian or conservator mentioned in section 6d, if applicable.
2
Await confirmation from the court regarding the scheduled hearing date if the court deems a hearing necessary for the appointment of the guardian ad litem.
3
Prepare any additional documentation or evidence required for the hearing if notified by the court.
4
Monitor communications for any written response or objections from parties involved, as the court may require them to be addressed before proceeding.
5
Check with the court clerk regularly to receive updates on the application status and any further instructions once the application has been reviewed.
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