Fill and Sign the Appointment Guardian Litem Form

––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– –– ––––– ––––– –– ––––– –– ––––– –– ––––– –– ––––– –– ––––– ––––– ––––– –– ––––– –– –– –– –– –– –– –– –– –– –– –– –– –– DE-350, GC- 100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY TELEPHONE NO. FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS MAILING ADDRESS CITY AND ZIP CODE BRANCH NAME IN RE THE MATTER OF: PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM UNDER THE PROBATE CODE CASE NUMBER EX PARTE NOTE: This form is for use in proceedings under the Probate Code, except for compromise of an action to which a minor or incompetent person is a party. A person seeking the appointment of a guardian ad litem in a civil proceeding should use Form 982(a)(27). A person seeking the appointment of a guardian ad litem in a family orjuvenile proceeding should use Form FJ-200. An individual cannot act as a guardian ad litem unless the individual is an attorney or is represented by an attorney. 1. Petitioner (name): i s :a . Personal representative of the estate of: b . Guardian of: c . Conservator of: d . Trustee of: e . Other interested person (specify capacity): 2. This petition seeks the appointment of the following person as guardian ad litem (state name, address, and telephone number): 3. The guardian ad litem is to represent the interests of the following person (state name, address, and telephone number): 4. The person to be represented is: a . a minor (date of birth): b . an incapacitated person c . an unborn person d . an unascertained person e . f . a person whose identity or address is unknown a designated class of persons who are not ascertained or are not in being 5. Appointment of a guardian ad litem arises out of issues regarding: a . b . the execution of a disclaimer under Probate Code section 277 (specify details in Attachment 5a). the representation of the interests of a spouse alleged to lack legal capacity (Probate Code, §§ 3112 and 3140) (specify details in Attachment 5b). C . d . the consent to modification or termination of trust (Probate Code, § 15405) (specify details in Attachment 5c). the approval and settlement of claims against a deceased settlor (Probate Code, § 19029) (specify details in Attachment 5 d) .e . the representation of a minor, incapacitated person, or other person identified in Probate Code section 1003(a) in a proceeding under the Probate Code (Probate Code, § 1003(a)) (specify details in Attachment 5e). f . other (specify details in Attachment 50. 6. The appointment of a guardian ad litern is: a . b . proper because the minor has no guardian of his or her estate. necessary for the following reasons (specify details in Attachment 6b). Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California DE-350, GC-100 [Rev. January 1, 2002] PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM UNDER THE PROBATE CODE (Probate Law, Conservatorships, Guardianships, Trusts) Probate Code, § 1003electronic form ã 2001 WWW.LawCA.com Law Publishers ––––– ––––– –– ––––– –– ––––– –– –– 10. Number of pages attached: –––– ––––– ––––– ––––– –– ––––– –– –– –– ––––– ––––– –– –– ––––– ––––––– –––––––––– ––––– –––––IN RE THE MATTER OF: CASE NUMBER 7. The proposed guardian ad litem's relationship to the person he or she is representing is: a . b . related (state capacity): not related (specify capacity): 8. The proposed guardian ad litem is fully competent and qualified to understand and protect the rights of the person he or she is representing as explained in Attachment 8 and has no interest adverse to the interests of that person. 9. Notice of this proceeding: a . b . should be dispensed with (specify reasons for ex parte request in Attachment 9a). will be given to the parties named in Attachment 9b. (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dat e: (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER) CONSENT TO ACT AS GUARDIAN AD LITEM I consent to the appointment as guardian ad litem and I declare under penalty of perjury under the laws of the State of California that the foregoing petition is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PROPOSED GUARDIAN) CONSENT OF MINOR 12 YEARS OF AGE OR OLDER (Optional) I, (name): years of age and hereby nominate (name): , am (specify age): to be my guardian ad litem to represent my interests for the reasons set forth in items 5 and 6 of this petition. Dat e: (TYPE OR PRINT NAME) (SIGNATURE OF MINOR 12 YEARS OF AGE OR OLDER) ORDE R EX PARTE THE COURT FINDS that 1. a. b . All notices required by law have been given. Notice is dispensed with. 2. It is reasonable and necessary to appoint a guardian ad litem for the person named in item 3 of the petition, as hereinabove requested. THE COURT ORDERS that (name): is hereby appointed guardian ad litem of (name): for the purposes set forth in items 5 and 6 of the petition. THE COURT FURTHER ORDERS that the guardian ad litem i s is not authorized to waive or disclaim any substantive rights of the represented party without further order of this court. Dat e: JUDGE OF THE SUPERIOR COURT SIGNATURE FOLLOWS LAST ATTACHMENT DE-350, GC-100 [Rev. January 1, 2002] PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM UNDER THE PROBATE CODE (Probate Law, Conservatorships, Guardianships, Trusts) Page 2 of 2electronic form ã 2001 WWW.LawCA.com Law Publishers