When a guardian ad litem is appointed, he or she shall be appointed as follows:
§ 373.Appointment of Guardian Ad Litem
Title 3. Of the Parties to Civil Actions · Chapter 3. Disability of Party · Last amended 2015 · Last verified July 28, 2026
In one sentenceSection 373 sets the procedure for appointing a guardian ad litem depending on whether the protected person is a minor plaintiff, a minor defendant, or a person lacking legal competence, specifying who may apply and, for a minor defendant, a 10-day window after service of summons.
Full Text of § 373
(a) If the minor is the plaintiff the appointment must be made before the summons is issued, upon the application of the minor, if the minor is 14 years of age or older, or, if under that age, upon the application of a relative or friend of the minor.
(b) If the minor is the defendant, upon the application of the minor, if the minor is 14 years of age or older, and the minor applies within 10 days after the service of the summons, or, if under that age or if the minor neglects to apply, then upon the application of a relative or friend of the minor, or of any other party to the action, or by the court on its own motion.
(c) If the person lacking legal competence to make decisions is a party to an action or proceeding, upon the application of a relative or friend of the person lacking legal competence to make decisions, or of any other party to the action or proceeding, or by the court on its own motion.
Plain-English Summary
Section 373 works through the mechanics of getting a guardian ad litem appointed, and the process differs depending on the protected person's role in the case. If the minor is the plaintiff, the guardian ad litem must be appointed before the summons issues -- on the minor's own application if the minor is 14 or older, or on the application of a relative or friend if the minor is younger.
If the minor is the defendant, a minor 14 or older can apply within 10 days after being served with the summons. If the minor is younger than 14, or is 14 or older but fails to apply within that window, a relative or friend of the minor, any other party to the action, or the court on its own motion can seek the appointment instead.
For a person who lacks legal competence to make decisions, the appointment can be sought by a relative or friend of that person, any other party to the action or proceeding, or the court acting on its own motion -- there is no age-based application right comparable to a minor's.
Frequently Asked Questions
When must a guardian ad litem be appointed for a minor plaintiff?
Section 373(a) requires the appointment before the summons is issued, on the minor's own application if 14 or older, or on the application of a relative or friend if the minor is younger.
How long does a minor defendant have to request a guardian ad litem?
A minor defendant who is 14 or older has 10 days after being served with the summons to apply; after that window, or if the minor is younger, a relative, friend, other party, or the court can seek the appointment.
Who can request a guardian ad litem for an adult who lacks legal competence?
Section 373(c) allows a relative or friend of that person, any other party to the action or proceeding, or the court on its own motion to apply for the appointment.
Amendment History
Amended by Stats 2014 ch 144 (AB 1847),s 6, eff. 1/1/2015.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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