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What if it's an emergency?

Sometimes, there is an emergency and the guardianship has to be set up quickly. For example,

  • the child needs immediate medical treatment;
  • the child needs to be enrolled in school;
  • both the child's parents are dead, absent, incarcerated, or incapacitated; or
  • the child's parent is also a minor.

In emergencies such as these, you can ask the court to appoint a Temporary Guardian. You must show "good cause," which means you have to have a really good reason to ask for a Temporary Guardianship. (See Probate Code section 2250(b) This is an external link. Click this icon for our external linking policy.)

Even if you file for a Temporary Guardianship, you still have to file for a general guardianship at the same time. A Temporary Guardianship is an emergency order only and will end when a general guardian is appointed by the court.

To ask for an emergency Temporary Guardianship, fill out:

  • Petition for Appointment of Temporary Guardian of the Person, Form GC-110(P) if you are asking for guardianship of the person only,

    Or

    Petition for Appointment of Temporary Guardian, Form GC-110 if you are also asking for guardianship of the child's estate;
  • Order Appointing Temporary Guardian, Form GC-140
  • Letters of Temporary Guardianship, Form GC-150
  • Any other forms your local court requires.

Remember, you also have to fill out all the general guardianship forms.

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