To fill out Form CIV-010, the California Judicial Council’s Application for Appointment of Guardian ad Litem, complete the case caption at the top, then work through nine numbered items identifying yourself, the person you want appointed, the person who needs representation, and the legal basis for the appointment. Sign under penalty of perjury, have the proposed guardian sign the consent on page two, and file it together with the companion order form, CIV-011, which the judge signs to make the appointment official. Both forms are available on the California Courts website under civil forms. The same application is numbered FL-935 when used in family law cases.
Before You Start
Two things determine whether you can file this form and when. First, who you are in relation to the person needing representation. Second, whether that person is a plaintiff or a defendant.
Under Code of Civil Procedure Section 373, a minor plaintiff who is 14 or older applies for their own Guardian ad Litem before the summons is issued; if the minor is under 14, a relative or friend applies instead. A minor defendant who is 14 or older has 10 days after being served with the summons to apply. If the minor is under 14 or does not apply within that 10-day window, a relative, friend, any other party, or the court itself can step in. For an adult who lacks legal capacity, a relative, friend, any other party, or the court on its own motion can apply at any point in the case.1California Legislative Information. California Code CCP 373
The person you propose as Guardian ad Litem must be a competent adult with no interests that conflict with those of the person to be represented. Parents are the most common choice, but siblings, other relatives, and close friends can serve. The form asks you to disclose any actual or potential conflict, so think this through before you fill anything in.
Have this information on hand before you start writing:
- The court name, county, and street address, and the case number if one has been assigned.
- Full names, addresses, phone numbers, and email addresses for yourself, the proposed Guardian ad Litem, and the person to be represented.
- The minor’s date of birth, or, for an incapacitated adult, a factual description of why they cannot make litigation decisions.
- Details of any existing guardianship or conservatorship, if one is in place.
Completing the Application, Item by Item
The form is two pages. Page one is the application; page two is the proposed guardian’s consent.2Judicial Council of California. Application for Appointment of Guardian ad Litem – Civil and Family Law
The Header
Fill in the case caption at the top: court name, county, street address, plaintiff or petitioner name, defendant or respondent name, and the case number if you have one. If you are filing this alongside the initial complaint and no case number exists yet, leave that field blank. The clerk will assign one.
Item 1 — Who You Are
Enter your name and check the box that describes your relationship to the person who needs representation: parent, guardian, conservator, a party to the suit, the minor themselves (if 14 or older), or another interested person. If you check “other interested person,” specify your capacity.
Item 2 — The Proposed Guardian ad Litem
Provide the full name, address, phone number, and email address of the person you want the court to appoint. This can be the same person as the applicant. A parent applying to serve as their own child’s Guardian ad Litem is the most common scenario, and in that case the same contact information appears in items 1 and 2.
Item 3 — The Person to Be Represented
Enter the full name, address, and contact information of the minor or incapacitated adult who needs the Guardian ad Litem.
Item 4 — Why This Person Needs a Representative
Check the box or boxes that apply: the person is a minor (provide date of birth), the person lacks legal capacity to make decisions (explain the basis), or the person has a conservator already appointed (provide the details of that appointment). More than one box can apply. If your explanation of incapacity runs long, attach a separate page labeled “Attachment 4b” and reference it on the form.
Item 5 — Timing (Minors Only)
If the person is a minor, indicate whether they are the plaintiff or petitioner and the summons has not yet been issued, or whether they are the defendant or respondent and more than 10 days have passed since service without anyone applying for a Guardian ad Litem. This item ties directly to the deadlines in CCP 373.1California Legislative Information. California Code CCP 373
Item 6 — Reason for the Appointment
Check the specific reason. Common choices are that the person has no guardian or conservator of the estate, or that the existing guardian or conservator is inadequate to represent the person’s interests in this particular case. If you pick the inadequacy option, explain why and provide the current guardian or conservator’s contact information. Separate boxes cover Uniform Parentage Act cases and restraining order matters involving minors 12 and older.
Items 7, 8, and 9 — Qualifications, Relationship, and Conflicts
Item 7 is a declaration that the proposed Guardian ad Litem is competent and qualified. Item 8 asks you to identify your relationship to the person to be represented: no relationship, a family relationship (specify), or an affiliate relationship (specify). Item 9 asks about conflicts of interest. Check whether you are aware of any actual or potential conflicts, and if so, describe them and explain why the proposed guardian should still be appointed.
The Declaration
The applicant signs and dates the form under penalty of perjury, affirming that everything in the application is true and correct.2Judicial Council of California. Application for Appointment of Guardian ad Litem – Civil and Family Law
Page Two — Consent of the Proposed Guardian
The second page is the “Disclosures and Consent to Act as Guardian ad Litem.” The proposed representative, not the applicant, signs this page, consenting to serve and acknowledging their duties. If the applicant and the proposed guardian are the same person, that person signs both pages. Page two does not contain the court’s order. The order is a separate form.
File CIV-010 With the Order Form, CIV-011
The order that actually appoints the Guardian ad Litem is on Form CIV-011, “Order Appointing Guardian ad Litem — Civil and Family Law” (numbered FL-936 in family law cases). Older guides sometimes say the order is on the second page of CIV-010. That is out of date. Since January 2024, CIV-011 is a separate form, and you should download it from the same civil forms page and file it alongside CIV-010 so the judge has a ready order to sign.
File both forms with the clerk of the court where the lawsuit is pending or will be filed. If the case involves a minor plaintiff and no summons has been issued, the appointment must happen before the clerk issues the summons.1California Legislative Information. California Code CCP 373 Many California superior courts accept e-filing through Odyssey or another approved electronic filing service provider. Check your county’s court website for the current procedure. In-person filing at the clerk’s window remains available. There is generally no separate filing fee for CIV-010 when it accompanies an initial case filing or is submitted in a pending case, but fee schedules vary by county, so confirm with the clerk if you are unsure.
A judge usually reviews the application without a hearing. If the judge is satisfied that the appointment is warranted and the proposed representative is qualified and conflict-free, the judge signs CIV-011. The clerk files the signed order and returns a conformed copy. Keep that conformed copy. It is your proof of authority to act on behalf of the minor or incapacitated adult for the rest of the case.
What the Appointment Does and Does Not Cover
Once appointed, the Guardian ad Litem is an officer of the court within the lawsuit. The role does not extend to the person’s life, finances, or decisions outside the litigation. Within the case, the Guardian ad Litem controls litigation strategy and oversees any attorney representing the protected person.
One important limit worth knowing before you file: a Guardian ad Litem cannot settle a case, agree to a judgment, or release claims without court approval.3California Legislative Information. California Code CCP 372 – Disability of Party For minors, Probate Code Section 3500 requires a separate petition to approve any compromise of the minor’s claim, and the court will direct how settlement proceeds are handled, often through a blocked account or trust until the minor turns 18.4California Legislative Information. California Probate Code 3500