Free DE-350-GC-100 grey 08.30.07.ofm - California

DE-350/GC-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

ESTATE OF (Name): DECEDENT CONSERVATEE MINOR
CASE NUMBER:

PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM--PROBATE EX PARTE

NOTE: This form is for use in proceedings under the Probate Code, except a request for court approval of (1) the compromise of a minor's disputed claim, (2) the compromise of an action to which a minor or a person with a disability is a party, or (3) disposition of the proceeds of a judgment in favor of a minor or person with a disability. (See Prob. Code, §§ 3600­3613.) A person seeking the appointment of a guardian ad litem in a civil proceeding should use form CIV-010. A person seeking the appointment of a guardian ad litem in a family law proceeding should use form FL-935. A person may not act as a guardian ad litem unless he or she is an attorney or is represented by an attorney. A guardian ad litem is NOT the same as a guardian of the person or estate of a minor. 1. Petitioner (name): a. personal representative of the estate of: guardian of: b. c. conservator of: d. trustee of: e. other interested person (specify capacity): is

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. b. c. d. e. a minor (date of birth): a person with a disability (within the meaning of Prob. Code, § 3603). an unborn person. an unascertained person. a person whose identity or address is unknown. a designated class of persons who are not ascertained or are not in being.

f. 5. Appointment of a guardian ad litem arises out of issues regarding the execution of a disclaimer under Probate Code section 277 (specify details in Attachment 5a). a. the representation of the interests of a spouse alleged to lack legal capacity (Probate Code, §§ 3112 and 3140) (specify b. details in Attachment 5b). c. 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 d. 5d). the representation of a minor, incapacitated person, or other person identified in Probate Code section 1003(a) in a e. proceeding under the Probate Code (Probate Code, § 1003(a)) (specify details in Attachment 5e). f. other (specify in Attachment 5f). Page 1 of 2
Form Adopted for Mandatory Use Judicial Council of California DE-350/GC-100 [Rev. January 1, 2008]

PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM--PROBATE
(Probate--Decedent's Estates, and Guardianships and Conservatorships)

Probate Code, § 1003

ESTATE OF (Name): DECEDENT CONSERVATEE MINOR

CASE NUMBER:

6. The appointment of a guardian ad litem is a. proper because the minor has no guardian of his or her estate. b. necessary for the following reasons (specify reasons. Continue in Attachment 6b if necessary):

7. The proposed guardian ad litem's relationship to the person he or she is representing is related (state relationship): a. not related (specify capacity): b. 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. will be given to the parties named in Attachment 9a. b. should be dispensed with for the following reasons (specify reasons for ex parte request. Continue in Attachment 9b if necessary):

10. Number of pages attached: Date:

(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. Date:

(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): nominate (name): for the reasons set forth in items 5 and 6 of this petition. Date: , am (specify age): years of age and hereby to be my guardian ad litem to represent my interests

(TYPE OR PRINT NAME) DE-350/GC-100 [Rev. January 1, 2008]

(SIGNATURE OF MINOR 12 YEARS OF AGE OR OLDER)

PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM--PROBATE
(Probate--Decedent's Estates, and Guardianships and Conservatorships)

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