Next Steps and Instructions - Santa Clara

How to ask for an Emergency Guardianship
 Step 1 Complete the following forms in blue or black ink:

Fill out forms
 (GC-110(P)) Petition for Appointment of Temporary Guardian
 (GC-140) Order Appointing Temporary Guardian or Conservator
 (GC-150) Letters of Temporary Guardianship
 (GC-210) Petition for Appointment of Guardian of Minor
 (GC-210(CA)) Guardianship Petition–Child Information Attachment (One for EACH child in the case)
 (GC-120) Declaration Under UCCJEA
 (PB-4068) Request to Dispense with Notice
 (GC-211) Consent of Proposed Guardian, Nomination of Guardian and Waiver of Notice
 (GC-020) Notice of Hearing (2 copies)
 (GC-020(P)) Proof of Personal Service of Notice of Hearing (2 for each parent, total 4 copies)
 (GC-240) Order Appointing Guardian of Minor
 (GC-250) Letters of Guardianship
 (PB-4003) Confidential Document Cover Sheet (2 copies, on blue paper)
 (GC-212) Confidential Guardian Screening Form (one for each proposed guardian)
 (PB-4014) Authorization for Release of Information
 (GC-248) Duties of Guardian
 (PB-4005) Referral for Court Investigator & Questionnaire - Guardianship
 (FW-001-GC) Request to Waive Court Fees (One for EACH child in the case)
 (FW-003-GC) Order on Court Fee Waiver (One for EACH child in the case)
 Step 2 After the forms are filled out:
Appointment
with
 Call Jonathan Kahn, Probate Staff Attorney, at (408) 882-2668 to make an
Jonathan
appointment to bring in your forms for his final review.
Kahn  Your appointment will be held at 191 North First Street, San Jose, CA 95113.
 During the appointment, he checks over your forms. Once they are reviewed, he will
send you to the nearest copy center to make copies.
 Don’t make copies before you meet with him. If your forms are not finished or have a
lot of problems he may send you to the Self-Help Center for more help and review.
 The Court will perform a background check on you and any other adults who live
with you. During this time, a Court Investigator will contact you.
 Mr. Kahn will call you to tell you what’s happening and when to pick-up your forms.
When you come in to see him again, bring the forms you took home with you. He
keeps the original and one copy.
You will now take your papers to get filed and to get two court hearing dates (one for a
Reconsideration Hearing and one for the General Guardianship Hearing).
Turn in the original and copies to the PROBATE CLERK’S OFFICE located at:
 191 North First Street, San Jose, CA 95113
Monday - Thursday 8:30 AM – 1:30 PM | Friday 8:30 AM - 12:00 PM
CONTINUED ON THE BACK...
Rev 8/13/2020
 Step 3 Service: After the filed copies are returned to you, keep 1 copy for yourself and serve
1 filed copy of: GC-110(P), GC-210 (P), GC-210(CA), GC-020
“Personal (Important: DO NOT serve the confidential forms).
Service “means
someone, NOT These forms must be PERSONALLY SERVED (hand-delivered) by any adult (not you)
YOU, who is at onto each of the following people:
least 18 years  mother,  father,  current guardian (if there is one), and the  child (if they are
old must hand
deliver your 12 or older).
forms then signDeadline for serving IS 15 days BEFORE the hearing.
the proof of
service form.
The law says that the following people must be served by MAIL by any adult (not you)
with the above forms to all:
 grandparents,  (half-)brothers, and  (half-)sisters (from either parent) if they
“Mail Service” are 12 or older, and  Program Director, Emergency Response Services at:
means someone, 333 West Julian Street, 2nd Floor, San Jose, CA 95110.
NOT YOU, who
is at least 18 If you are not related to the child by blood, marriage or adoption, following people must
years old must be served by MAIL by any adult (not you) with the above listed forms to:
mail forms then
 The California Department of Social Services, Director of Social Services,
sign the proof of
service form. 744 P Street, Sacramento, CA 95814
and
 The Social Services Agency, Dept. of Family and Children’s Services
333 W. Julian St. San Jose, CA 95110.
 Step 4 File All Proof of Service Forms: After papers are delivered:
 Personal Service: The server (person who hand delivers the papers) must complete
the Proof of Personal Service of Notice of Hearing (GC-020(P)) attached to your copy of
the Notice of Hearing.
 Mail Service: If the papers were mailed, the server must complete the back side of
the Notice of Hearing (GC-020).
 File: Take the proof of service form(s) back to the courthouse to file it at least 5 days
before the court hearing. There is no fee to file this form. Keep a copy for yourself.
 If you cannot find some or all of the people who must be served, write down
everything you’ve done to try to find them, in detail. Put this information on the Request
to Dispense with Notice form in your packet. At your Court hearing you will need to
explain how you have looked for them (example – “I called their mother and she said…”
and “I did a search on the internet and I found…”, “I went to their last job and talked to
their boss and he said…”, etc.
 If any of the people who must be served are willing to waive service and
consent to the guardianship, they may sign the Consent of Proposed Guardian,
Nomination, and Waiver of Notice (GC-211). Whoever signs this form does not need
to be served with the guardianship forms. You must file this form with the signatures at
least 5 days before the court date.
 Step 5 Go to your court hearing:
What Bring a copy of all the papers in your case and also bring any papers which help to prove
happens the information in your Petition. If you have any witnesses, they should also come.
next…
If you need help speaking English, please bring an interpreter to your hearing as well.
Rev 8/13/2020
WHAT IS A GUARDIANSHIP?
The type of guardianship referred to in this instruction sheet is a Probate Guardianship of the Person. This is
when the Court appoints an adult who is not the child’s parent to take care of the child. The guardian has the
same responsibilities as a parent. The guardian has sole legal and physical custody of the child, meaning that
he/she can make all the decisions about the child’s welfare, as well as have the child live with him/her. The
Court can grant a guardianship even if the parents disagree. For more information, read Forms and
Instructions to Become a Probate Guardian, which is available at the Self-Help Center/Family Law Facilitator’s
Office.
WHAT HAPPENS AFTER I FILE MY GUARDIANSHIP PACKET?
You will have a hearing date or two, which is stated on the front of the Notice of Hearing (GC-020). There will
also be an investigation by the Probate Investigator’s Office before the hearing.
HOW LONG DOES IT TAKE TO FINISH THE GUARDIANSHIP PROCESS?
At the hearing, in about 10 weeks, the Judge will decide whether you will be appointed as the child’s guardian.
If additional investigation needs to take place, another hearing date will be set.
I’m asking to be a Guardian –

Why Do I Have To Keep Coming Back to Court?
You left something blank on your forms.
The Judge may refer you to your attorney, the Self-Help Center or other Court staff for help. You then need to
fix the forms and file them with the Court.
You asked for emergency (temporary) orders.
If you ask for emergency orders, the Court has to have you come back in about a month for a
“Reconsideration” hearing. If you don’t ask for emergency orders you’ll only have to come back for the
permanent guardianship hearing in 8-10 weeks.
You didn’t make sure that everyone knows about the case.
Before the Judge can decide to make you the child’s guardian, the Judge has to make sure the parents and
other family members know what you are asking for. The Judge looks at the papers in the file to see if there is
a “Proof of Service.” If you do not have proof that the parents and family were served the Judge may not be
able to make you the child’s guardian.
Someone is objecting (does not agree) to you being guardian.
The Court Investigator (CI) will find out if anyone disagrees with you becoming the guardian. There may be a
follow-up Court hearing.
The Court may need to review information the Court Investigator learns about You or other adults in
your home.
The Court will ask the CI to do a background check on you and other adults who live in your home. The Court
may set up another hearing to review the information the Investigator finds out.
HOW CAN I GET HELP WITH THE FORMS?
There are a few ways that you can get help with the forms:
 Hire an attorney (Please note: we cannot help people who have attorneys.);
 Contact a Legal Services Agency such as Legal Aid or Pro Bono Project
 Print forms by going online to the state’s website, (http://courts.ca.gov/selfhelp); or Santa Clara County Superior
Court’s website at www.scscourt.org and review the self-help information
 Use legal self-help websites and books
 Contact the Self Help Center/Family Law Facilitator’s Office. Please go to www.scscourt.org and click on the
Self-Help section of the site for details on how we provide assistance.
Superior Court, County of Santa Clara
Self Help Center/Family Law Facilitator’s Office
201 N. First Street, San Jose, CA 95113
VISIT US ONLINE: EMAIL US: CALL US:
www.scscourt.org www.scscourt.org 408-882-2926
www.courts.ca.gov/selfhelp click “Self-Help” then click “Contact
Rev 8/13/2020 the Self-Help Center”

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How to ask for an Emergency Guardianship

 Step 1 Complete the following forms in blue or black ink:

CONTINUED ON THE BACK...

I’m asking to be a Guardian –

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