Nominating a guardian for your child in California
Short answer
A nomination of guardian is how a parent tells a California court, usually in a signed writing, whom they want as their child's guardian (Probate Code §§1500–1502). A judge decides. Under §1500, a parent's nomination needs the other parent to join or consent in writing, except as §1500(b) allows; §1501 separately lets a parent alone nominate a guardian for property the parent gives or leaves the child. Since 2026, §2105(g) lets a court appoint a temporarily unavailable custodial parent and their nominee as joint guardians of the person.
What is a nomination of guardian in California?
A nomination of guardian is a parent's statement to a court about whom the parent wants as the child's guardian. Probate Code §1502(a) allows it to be made in three ways: in the guardianship petition, at the hearing on the petition, or in a signed writing made before or after a petition is filed. A parent planning ahead, before any court case exists, commonly uses the third way.
A nomination can cover the guardian of the person, the guardian of the estate, or both. As the California courts' self-help guide describes them, a guardian of the person is responsible for the child's care, including decisions about medical care and school; a guardian of the estate manages the child's money or property.
Can a parent appoint a guardian for their child?
No. In California a parent nominates and a court appoints. Under Probate Code §1514(a), the court may appoint a guardian after a hearing on a petition, if the appointment appears necessary or convenient. Until a court does that, the person named in a nomination is not the child's guardian.
The nomination matters in that decision: under §1502(a) and Family Code §3043, the court shall consider and give due weight to a parent's nomination of a guardian of the person. Due weight is not a binding choice; for the guardian of the person, §1514(b)(1) points the court to the Family Code's custody rules. For a guardian of the estate the rule is stronger: §1514(c) says the court shall appoint the nominee unless it finds the nominee unsuitable, and that a relative nominee's immigration status alone is not unsuitability.
How do you nominate a guardian for a minor in California?
A parent nominates a guardian by signing a writing that names the child, the person nominated, and whether the nomination is for the person, the estate or both. Sections 1500–1502 prescribe no particular form and do not mention a notary or witnesses. What families commonly do:
- Asking the chosen person whether they are willing to serve. Court form GC-211, as in effect in October 2026, has a separate item in which a proposed guardian consents to serve.
- Putting the nomination in writing. Items 2 and 3 of Judicial Council form GC-211 (the version in effect in October 2026) are a free official way to do it; a separate signed writing is another, as §1502(a) allows.
- Stating when it takes effect. Under §1502(b), a nomination is effective when made, unless the writing ties it to a stated condition, such as the parent's later absence, legal incapacity or death. Either way, the nominee has no guardian's authority until a court appoints a guardian.
- Both parents signing when both nominate the same person for the same child (§1500(a)).
- Keeping the signed original where the family can find it. A nomination is not filed with a court by itself; it is used if a guardianship petition is filed.
The official GC-211 is free on the court self-help site. RightForms is software that prepares a Nomination of Guardian from a guided questionnaire and fills in an English PDF with the Probate Code provisions it relies on, summarized or quoted, a list of nominees in order of priority, a line for the nominee to acknowledge the nomination, and instructions for using it if a petition is filed.
Can one parent nominate a guardian if the other parent is alive?
Under Probate Code §1500, only if the other parent nominates or consents in writing to the same guardian, or if, when the guardianship petition is filed, the other parent is dead, lacks legal capacity, or would not need to consent to an adoption of the child. The first case is §1500(a). The second is §1500(b):
Subject to Section 1502, a parent may nominate a guardian of the person or estate, or both, of a minor child in either of the following cases: ... (b) Where, at the time the petition for appointment of the guardian is filed, either (1) the other parent is dead or lacks legal capacity to consent to the nomination or (2) the consent of the other parent would not be required for an adoption of the child.
The §1500(b) conditions are judged when the guardianship petition is filed, not on the day the parent signs. Whether a condition is met is a legal question the court decides; RightForms software does not decide it. Joint guardianship under §2105(f) and (g), explained below, has its own rule for a noncustodial parent's objection. A custody order or a pending family-court case may also control what either parent can do, and that is a question for a family-law attorney.
What is joint guardianship in California?
Joint guardianship means a court appoints more than one guardian to serve together (Probate Code §2105); for example, two grandparents. When there are two joint guardians, both generally must agree to exercise a power (§2105(c)); the statute makes exceptions when one of them dies, resigns, is removed or cannot act (§2105(d), (e)). Section 2105 also has two routes in which a custodial parent and a person the parent nominated serve together as joint guardians of the person: subdivision (f), which predates AB 495, for a parent with a terminal condition shown by a licensed physician's declaration, and subdivision (g), added by AB 495 and in effect since January 1, 2026, for a parent who is temporarily unavailable. Ordinarily a parent cannot be appointed guardian of their own child; §1514(b)(2) makes exceptions, including §2105.
Under §2105(g)(1), when a custodial parent is temporarily unavailable for circumstances specified in the parent's nomination, the court, in its discretion, may appoint that parent and the parent's nominee as joint guardians of the person of the child. The statute adds that a nomination under subdivision (g) shall not be made over a noncustodial parent's objection without a finding that the noncustodial parent's custody would be detrimental to the child (Family Code §3041).
If a custodial parent is temporarily unavailable due to circumstances, including, but not limited to, a serious medical condition or disability, military service, incarceration, or an immigration-related administrative action, specified in the parent's nomination of a guardian, the court, in its discretion, may appoint the custodial parent and the person nominated by the custodial parent as joint guardians of the person of the minor. A nomination made pursuant to this subdivision shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parent's custody would be detrimental to the minor, as provided in Section 3041 of the Family Code.
The rest of §2105(g) says how it ends and who can see the file. When the parent, as a joint guardian, petitions to end it because the condition no longer impairs the parent's availability to provide care for the child, ending it is presumed to be in the child's best interest (§2105(g)(2)). Court records of a §2105(g) appointment are confidential and available only to the persons served in the case and their attorneys (§2105(g)(3)). Subdivision (g)(4) adds:
Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to law enforcement officers or agencies or any entity engaged in immigration enforcement without a court order.
| Point | Ordinary nomination (guardian is not a parent) | Nomination asking for §2105(g) joint guardianship |
|---|---|---|
| Whom the nomination asks the court to appoint | The nominee (for the person, the court may appoint someone else; for the estate, §1514(c) requires appointing the nominee unless unsuitable) | The custodial parent and the nominee, together, as joint guardians of the person |
| When it applies | Any guardianship petition (one parent alone: see §1500) | The custodial parent is temporarily unavailable for a circumstance specified in the nomination |
| Who decides | The court, if a guardianship appears necessary or convenient (§1514(a)), giving a nomination of the person due weight | The court, in its discretion; not over a noncustodial parent's objection without a detriment finding (Fam. Code §3041) |
| Whole court file confidential under §2105(g)(3) | No (only certain papers, such as the court investigator's report, are confidential: §1513(d)) | Yes |
| Ending it | Someone petitions; the court ends it only if termination is in the child's best interest (GC-211 notice) | If the parent, as a joint guardian, petitions to end it because the condition no longer impairs the parent's availability to provide care for the child, ending it is presumed to be in the child's best interest (§2105(g)(2)) |
What is the new guardianship law in California?
The change usually meant is AB 495, the Family Preparedness Plan Act of 2025 (Stats. 2025, ch. 664), in effect since January 1, 2026 and summarized in the Attorney General's AB 495 bulletin. For guardianship it changed two sections:
- §1502. Subdivisions (b) and (c) now name the parent's later absence alongside legal incapacity and death, as a condition a nomination can be tied to and as an event it survives. §1502(a) now also states the due-weight rule of Family Code §3043, which has been in §3043 since 1994.
- §2105(g). Joint guardianship for a temporarily unavailable custodial parent, described above.
AB 495 also changed the Caregiver's Authorization Affidavit, including who counts as a relative; the caregiver affidavit guide covers those changes.
How is a nomination different from the Caregiver's Authorization Affidavit?
They do different jobs and are signed by different people. A nomination is addressed to a court and matters only if a guardianship case is filed. The Caregiver's Authorization Affidavit is signed by the caregiver, only once the child lives in the caregiver's home, and lets that adult enroll the child in school and consent to school-related medical care without going to court. The court self-help page on planning for a parent's detention or deportation mentions both kinds of documents.
| Point | Nomination of guardian | Caregiver's Authorization Affidavit | Court guardianship |
|---|---|---|---|
| Who signs | The parent or parents | The caregiver, an adult the child lives with; parents do not need to sign it | The judge signs the order after a petition |
| When it has effect | When made (for a writing, when signed), or when a condition written in it happens (§1502(b)) | Only while the child lives with the caregiver | From the appointment until the child becomes an adult or is adopted, or the court changes or ends it |
| What it allows | Nothing by itself; it tells the court whom the parent wants | School enrollment and school-related medical care; a relative who also completes items 5–8 may consent to other medical care | A guardian of the person has full legal and physical custody (GC-211 notice); a guardian of the estate manages the child's money or property |
| Court involved | Only if someone files a guardianship petition | No | Yes: petition, investigation, hearing |
California has no guardianship without a court. What a parent or caregiver can sign without a judge is explained in temporary guardianship without court in California, and how these documents fit into a wider plan is in the family preparedness plan guide.
What is form GC-211, and what happens in court?
GC-211 is the Judicial Council form in which, among other things, a parent can nominate a guardian. The version in effect as of October 14, 2026 (Rev. January 1, 2004) carries a notice about what guardianship means:
NOTICE: The guardian of the person of a minor child has full legal and physical custody until the child becomes an adult or is adopted, the court changes guardians, or the court terminates the guardianship. Parents or other interested persons must petition the court to terminate the guardianship. The court will not do so unless the judge decides that termination would be in the child's best interest.
If someone files a guardianship petition (form GC-210), the nomination goes to the court with it. The self-help page How to become a guardian describes the steps: filing, notice to the child's parents and close relatives, an investigation with a report for the judge, and a court date where the judge decides. The self-help guide lists the filing fee (check with the court for the exact amount); fee waivers are based on the child's income.
New forms are pending. After invitation to comment SPR26-33, the Probate and Mental Health Advisory Committee recommended, in a report dated September 29, 2026 (Item 26-135, set for the Judicial Council's October 16, 2026 meeting), changes effective January 1, 2027: an optional revised GC-211 titled "Nomination of Guardian", with check boxes for conditions such as a parent being detained or deported; a new optional form, GC-214, for the proposed guardian's consent and for consent to the guardianship and waiver of notice; and a mandatory confidential petition, GC-210(JP), for appointing an unavailable parent and the parent's nominee as joint guardians of the person under §2105(g). As of October 14, 2026, the Judicial Council had not yet acted on the recommendation; the GC-211 page shows the current version.
Which questions does this page not cover?
This page does not cover:
- Existing custody orders or a pending divorce, custody or juvenile court case (if Child Protective Services removed the child, the self-help guide says the guardianship is generally in juvenile court).
- A parent who objects, or a noncustodial parent's rights in a particular family.
- Children who live in another state.
- Indian Child Welfare Act cases, which concern members of tribes recognized by the United States and some children eligible for membership (25 U.S.C. §1903); Indigenous heritage from Mexico or Central America does not by itself make a child an "Indian child".
- Immigration questions, including special immigrant juvenile status, which the self-help guide says has its own rules.
- Guardianship of the estate, where the self-help guide says a lawyer's help is usually best.
For these, the court's self-help page on legal help and LawHelpCA list free and low-cost legal services.
Frequently asked questions
Does a nomination of guardian need to be notarized in California?
Probate Code §§1500–1502 do not mention a notary or witnesses. GC-211 as in effect in October 2026 has no notary section, and neither does the revised version proposed for 2027. Some families choose to sign before a notary public so that a court or another reader can confirm who signed; the statute does not require it.
How long does a nomination of guardian last?
§1502 sets no expiration date; unless the writing says otherwise, it stays effective after the parent's later absence, legal incapacity or death (§1502(c)).
Is there "standby guardianship" in California?
Some states have a law with that name. The Child Welfare Information Gateway's California summary (June 2018) describes it through §2105 joint guardianship for a parent with a terminal condition and §1502 conditional nominations. Since 2026, §2105(g) adds temporary unavailability. Each route still needs a court appointment.
Is a nomination the same as temporary guardianship?
No. A temporary guardian is also appointed by a court, on a petition filed with or after the guardianship petition, to serve until the court decides that petition (Probate Code §2250). A nomination only tells the court whom the parent prefers.
Sources
- Probate Code §1500, nomination of guardian by a parent — California Legislative Information
- Probate Code §1502, how and when a nomination takes effect — California Legislative Information
- Probate Code §1513, guardianship investigation and confidential reports — California Legislative Information
- Probate Code §1514, appointment of a guardian — California Legislative Information
- Probate Code §2105, joint guardians, including subdivisions (f) and (g) — California Legislative Information
- Probate Code §2250, temporary guardians — California Legislative Information
- Family Code §3041, custody to a nonparent over a parent's objection — California Legislative Information
- Family Code §3043, due weight to a parent's nomination — California Legislative Information
- AB 495 Bulletin (Family Preparedness Plan Act of 2025) — California Attorney General
- AB 495 (2025), bill text and history — California Legislative Information
- Form GC-211, Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian and Waiver of Notice — Judicial Council of California
- Form GC-210, Petition for Appointment of Guardian of Minor — Judicial Council of California
- Invitation to comment SPR26-33, Appointment of Unavailable Parent and Nominee as Joint Guardians of the Person — Judicial Council of California
- Report to the Judicial Council, Item 26-135 (September 29, 2026), recommended forms effective January 1, 2027 — Judicial Council of California
- Probate guardianships in California — California Courts Self-Help Guide
- How to become a guardian — California Courts Self-Help Guide
- Options other than a guardianship — California Courts Self-Help Guide
- Immigration resources: help for children and families — California Courts Self-Help Guide
- Standby Guardianship – California (June 2018) — Child Welfare Information Gateway, U.S. Department of Health and Human Services
- 25 U.S.C. §1903, ICWA definitions — Legal Information Institute, Cornell Law School
- Getting legal help — California Courts Self-Help Guide
- LawHelpCA, free and low-cost legal help — LawHelpCA
This page explains the law in general terms. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. For advice about your family, talk to a licensed California attorney or a nonprofit legal services organization.