Legal Appointment Petition

LEGAL APPOINTMENT PETITION

Petitioner: of , and Proposed Appointee: of , submit this Petition to the for the county of , State of , Case No. .

RECITALS

WHEREAS, jurisdiction for this Petition is proper in this Court under the laws of the State of because .

WHEREAS, the subject matter of this Petition concerns the appointment of a legal representative to act on behalf of , who is alleged to be in need of such appointment due to .

WHEREAS, Proposed Appointee has the qualifications, availability, and willingness to serve, and has disclosed to Petitioner any known conflicts of interest or adverse interests affecting the proposed appointment.

NOW THEREFORE

Petitioner respectfully petitions the Court and states as follows:

1. JURISDICTION

This Court has jurisdiction over the subject matter and the persons affected by this Petition pursuant to applicable state statutes and rules of procedure authorizing the Court to appoint a legal representative upon the showing made herein.

2. PETITION FOR APPOINTMENT

Petitioner requests that the Court enter an order appointing Proposed Appointee as:
Select appointment role(s): Guardian Conservator Personal Representative Agent under Power of Attorney

The scope of the requested appointment shall include the authority to take the actions reasonably necessary to care for and manage the personal and/or financial affairs identified in this Petition, including but not limited to the authority to:

1. Collect, preserve and manage assets;
2. Administer accounts, pay obligations and settle debts;
3. Make medical, custodial and residential arrangements consistent with applicable law when guardianship authority is granted;
4. Collect benefits and pursue claims on behalf of the protected person or estate;
5. Engage professionals, including attorneys and accountants, subject to Court approval where required by law.

3. QUALIFICATIONS OF PROPOSED APPOINTEE

Proposed Appointee is qualified to serve by reason of the following facts and qualifications:

4. DUTIES, POWERS AND LIMITATIONS

The powers to be conferred upon Proposed Appointee shall include those enumerated by statute and as specifically requested herein. Petitioner requests that the Court limit or expand such powers as follows:

The appointment is requested to be: Full powers Limited to powers described above

5. BOND AND SECURITY

Petitioner requests that the Court set bond in the amount of $ if required by statute, or waive bonding for good cause shown.

6. NOTICE AND SERVICE

Petitioner certifies that notice of this Petition has been or will be provided to all persons entitled to notice under applicable law, including the following interested parties:

7. HEARING

Petitioner requests a hearing be scheduled for the Court to consider this Petition on at .

8. CONSENT AND REPRESENTATIONS

Proposed Appointee hereby affirms the willingness to serve, and represents that there are no facts known to Proposed Appointee that would disqualify him or her from service under applicable law. Proposed Appointee further certifies that the following disclosures are made:

Proposed Appointee: Consents to appointment Reserves right to seek Court clarification of duties

9. RELIEF REQUESTED

WHEREFORE, Petitioner requests that the Court:

1. Grant this Petition and appoint Proposed Appointee to the role(s) requested above;
2. Authorize the powers, duties, and limitations described herein;
3. Determine bond and security as the Court deems appropriate or waive bond for good cause; and
4. Grant such other relief as the Court deems just and proper.

NOTICES

Any notices required or permitted under this Petition shall be in writing and delivered personally or mailed by first-class mail to the addresses provided in this Petition or to such other address as a party may designate in writing.

AMENDMENTS AND WAIVER

This Petition may be amended with leave of the Court. No waiver of any provision of this Petition shall be effective unless set forth in writing and signed by the party waiving such provision and approved by the Court where required.

GOVERNING LAW

This Petition shall be governed by and construed in accordance with the laws of the State of and the applicable procedural rules of this Court.

ENTIRE AGREEMENT

This Petition contains the entire request for relief by Petitioner and supersedes any prior oral or written statements concerning the matters alleged herein.

SEVERABILITY

If any provision of this Petition is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and the Court shall have authority to reform any policy or clause to the extent necessary to carry out the intent of the parties and the purposes of this Petition.

VERIFICATION

I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct to the best of my knowledge and belief.

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