court_form | California
DE-350 - Petition for Appointment of Guardian Ad Litem—Probate
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Petition for Appointment of Guardian Ad Litem—Probate
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Form ID: DE-350 Title: Petition for Appointment of Guardian Ad Litem—Probate Effective Date: 2024-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/DE-350 Primary Download URL: https://www.courts.ca.gov/documents/de350.pdf Form Detail Page: Petition for Appointment of Guardian Ad Litem—Probate (DE-350) Ask the court to appoint an adult to represent the best interests of a child to the court in a probate case. Get form DE-350 Effective: January 1, 2024 Go to How-to instructions for Probate PDF Text: Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California DE-350/GC-100 [Rev. January 1, 2024] PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE Probate Code, § 1003 www.courts.ca.gov DE-350/GC-100 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: NAME: FIRM NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO.: EMAIL ADDRESS: ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FOR COURT USE ONLY MATTER OF (name): DECEDENT CONSERVATEE MINOR CASE NUMBER: PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE EX PARTE HEARING DATE AND TIME: DEPT.: TIME: Use this form for proceedings under the Probate Code, except proceedings to request approval of the (1) compromise of a minor's disputed claim (Probate Code, § 3500), (2) compromise of a pending action or proceeding in which a party is a minor or person with a disability, or (3) disposition of the proceeds of a judgment for a minor or person with a disability. (Probate Code, §§ 3600–3613.) A guardian ad litem is not required in a proceeding under section 3500. A guardian ad litem in a pending action or proceeding may seek approval of a compromise of the action or proceeding or disposition of judgment proceeds without further order. NOTE: A guardian ad litem must be an attorney or be represented by an attorney. A guardian ad litem is not the same as a guardian of the person or estate. 1. Petitioner (name): is (check one): a. personal representative of the estate of (name): b. guardian of (name): c. conservator of (name): d. trustee of (exact name of trust): e. other interested person (name and interest): 2. This petition seeks appointment of the following person as guardian ad litem (name, address, phone number, and email address): 3. The guardian ad litem will represent the interest of (name, address, and, if applicable, phone number and email address): 4. The person named or described in item 3 is (check one): a. A minor (date of birth): b. A person who lacks legal capacity to make decisions (explain basis for claiming lack of capacity): c. An unborn person. d. An unascertained person or a designated class of persons who are not ascertained or are not in being. e. A person whose identity or address is unknown. 5. Representation of the interest of the person named or described in item 3 would be inadequate without appointment of a guardian ad litem because (give the reason or reasons below; if necessary, check the box and continue on page 2): Continued on next page. DE-350/GC-100 MATTER OF (name): DECEDENT CONSERVATEE MINOR CASE NUMBER: 5. (continue explanation below if necessary): Continued on Attachment 5. 6. The proposed guardian ad litem is fully competent and qualified to understand and protect the rights of the person named or described in item 3, as explained in Attachment 6. 7. Notice of this proceeding (check all that apply): a. Will be given to the persons named in Attachment 7a. b. Should not be given to the persons named below because (give names and reasons that notice should not be required): Continued on Attachment 7b. 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) DISCLOSURES AND CONSENT TO ACT AS GUARDIAN AD LITEM 8. I have the following relationship with the person named or described in item 3 (check one): a. A familial relationship (specify):b. An affiliate (nonfamilial) relationship (specify): No relationship. c. 9. One or more actual or potential conflicts of interest with the person named or described in item 3. All conflicts of interest are fully described in Attachment 9b. a. No known actual or potential conflicts of interest with the person named or described in item 3. I have (check one): b. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I consent to the appointment as guardian ad litem in this proceeding. If I become aware that a potential conflict of interest has become an actual conflict, or that a new potential or actual conflict exists, I will promptly disclose the conflict of interest to the court. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PROPOSED GUARDIAN) CONSENT OF MINOR 12 YEARS OF AGE OR OLDER (Optional) I, (name): , am (specify age): years of age. I consent to the appointment of (name): as my guardian ad litem to represent my interest in this proceeding for the reasons set forth in item 5 of this petition. Date: (TYPE OR PRINT NAME) (SIGNATURE OF MINOR 12 YEARS OF AGE OR OLDER) PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE DE-350/GC-100 [Rev. January 1, 2024] Page 2 of 2
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Form ID: DE-350 Title: Petition for Appointment of Guardian Ad Litem—Probate Effective Date: 2024-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/DE-350 Primary Download URL: https://www.courts.ca.gov/documents/de350.pdf Form Detail Page: Petition for Appointment of Guardian Ad Lite…
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3. The guardian ad litem will represent the interest of (name, address, and, if applicable, phone number and email address): 4. The person named or described in item 3 is (check one): a. A minor (date of birth): b. A person who lacks legal capacity to make decisions (explain basis for claiming lack of capacity): c…
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conflict, or that a new potential or actual conflict exists, I will promptly disclose the conflict of interest to the court. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PROPOSED GUARDIAN) CONSENT OF MINOR 12 YEARS OF AGE OR OLDER (Optional) I, (name): , am (specify age): years of age. I consent to the appointment …