Fill and Sign the Petition Probate Court Form

––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– – – ––––– – ––––– – ––––– – ––––– – ––––– ––––– ––––– ––––– ––––– ––––– – ––––– – – – – – ––––– – – – – – – – – DE-350, GC- 100ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO.: ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: IN RE THE MATTER OF: PETITION AND O RDER 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 incapacitated person is a party. 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(s) (state name, address, and telephone no.)- 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 (Prob. Code, §§ 3112, 3140) (specify details in Attachment 5b). c .d . e . the consent to modification or termination of trust (Prob. Code, § 15405 ) (specify details in Attachment 5c). the approval and settlement of claims against a deceased settlor (Prob. Code, § 19029) (specify details in Attachment 5 d). the representation of a minor, incapacitated person, or other person identified in Probate Code section 1003(a) in a proceeding under the Probate Code (Prob. 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 . proper because the minor has no guardian of his or her estate b . necessary for the following reasons (specify details in Attachment 6 b). (Consent of proposed guardian and minor on reverse) Form Adopted for Mandatory Use Judicial Council of California DE-350, GC-100 [New January 1, 2000] PETITIO N AND O RDER FOR APPOINTM ENT OF GUARDIAN AD LITEM UNDER THE PRO BATE CO DE (Probate Law, Conservatorships, Guardianships, Trusts) Probate Code, § 1003electronic form ã 1999 WWW.LawCA.co m Law Publishers ––––– ––––– – ––––– – ––––– – – ––––– ––––– ––––– ––––– – ––––– –––– ––––– ––––– ––––– – – – ––––– ––––– – – ––––– –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 9 a). will be given to the parties named in Attachment 9b. 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. Dat e: (TYPE OR PRINT NAME) (SIGNATURE OF PROPOSED GUARDIAN) CO NSENT OF MINO R TWELVE (12) YEARS O F AGE OR O LDER (O ptional) I, (name): years of age and hereby nominate (nam e): , 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) O RDE 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 Petitioner (name): (nam e): is hereby appointed guardian ad item of 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 [New January 1, 2000] PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM UNDER THE PROBATE CODE (Probate Law, Conservatorship, Guardianships, Trusts) Page twoelectronic form ã 1999 WWW.LawCA.co m Law Publishers