FORM GC-255 INSTRUCTIONS

PETITION FOR TERMINATION OF GUARDIANSHIP (GC-255)


NOTE:
You will need a copy of the English-language Judicial Council form GC-255  to follow these instructions. Also:



Filling out the Caption on your form

Attorney or Party without Attorney” - if you do not have an attorney, fill in your name, address, and telephone number.

If you would like the court to communicate with you by fax or email, you may give them that contact information, but you do not have to. 

Attorney For (Name)” – if you do not have an attorney, write “self represented.”

SUPERIOR COURT OF CALIFORNIA, COUNTY OF” – write the name of the County where you are filing your case. Click here for location of courts.
Check the box “Person” or “Estate of” and write the full name of the minor (child).
For Court Use Only” – Leave blank.
Case Number” – Write in the case number.
Hearing Date” and “Dept.” – Leave blank. A court clerk will fill this in.



Filling out the rest of your form

Petition for Termination of Guardianship


Guardianships are not always permanent. The child, guardian, or child’s parent can use this form to tell the court that they want to end the guardianship.


1.

"Petitioner (name):" - write your name.

  1. Check this box if the guardianship is for a person. Write the child’s name.
  2. Check this box if the guardianship is for an estate. Write the child's name. If this is a guardianship of the estate, check the right box at either 1b(1), (2), or (3).


2.

Check the right box depending on whether you are the child, the child’s guardian, or the child’s parent.


3.

If this is a guardianship of the person, check this box and write the guardian’s name and the date that the judge signed the court order appointing the guardian.


4.

If this is a guardianship of the estate, check this box and write the guardian’s name and the date that the judge signed the court order appointing the guardian.


5.

Check the right box for "person" or "estate". Check the box “stated in Attachment 5”. Explain why you think the guardianship should be ended on a separate page that you will label “Attachment 5”.


6.

Check box “b” if a Request for Special Notice (Form DE-154, GC-035) has been filed. Write the names of everyone who has filed a Request. You must serve a copy of this notice to each person who has filed a Request for Special Notice.


7.

Check this box only and check box “aif you could not find a person that should be told about this court case. If you cannot find one of the people who are supposed to know about this court case, list all the ways you tried to reach these people on a separate page that you will label “Attachment 7”.

Check box “b” if you have a very good reason why you should not tell a person or persons about this court case. For example, a person who should be told has made threats against the child. Write the reasons, giving specific examples, names and dates on a separate sheet you will label, “Attachment 7”.


At the top of page 2, GC-255

Fill out the caption boxes as follows:
Check the box “Person” or “Estate“ - and write in the child’s full name.
Case Number” – Write in the case number.
(the same number as on page 1)



8.

Check this box if you are the child’s guardian and you want the court to allow you to visit the child after the guardianship has ended. On a separate sheet, you label “Attachment 8”, write the visitation schedule you would like to have with the child. You must also complete a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120) and file it together with this form (GC-255).


9.

List all of the names and addresses of the guardian, the child, the child's parents, the minor's brothers, sisters, and grandparents.

Check box “l” if you need to add others, for example if the child has more than 3 brothers and sisters. On a separate sheet that you label “Attachment 9", write their names, and addresses.


10.

Count the number of pages you are attaching to this form. Write that number here.

Date, print, and sign your name. You are promising under penalty of perjury that everything you have written on this form is true and correct.

Consent to Termination and Waiver of Service and Notice


11.

Check this box if the minor, the guardian, the parents, or any other interested party agrees that the guardianship should be ended and they do not want or need to receive copies of the papers you file in court and do not need to know about the hearing. Have them date, print, and sign their name in the Consent to Termination and Waiver of Service and Notice of Hearing box at the bottom of the form. If you need to add others
to the list, on a separate sheet you label “Attachment 11”, write their names and have them sign and date their signature, and check “other”.