COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): :
TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional):
Index No.
DE-350/GC-100
FOR COURT USE ONLY
Calendarseeing what you entered on No.
your form, please press the
To keep other people from
Plaintiff(s)
: : : :
JUDICIALThis Form button at the Clear SUBPOENA
end of the form when finished.
-against-
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:
ESTATE OF (Name):
Defendant(s) : ......................................................
DECEDENT CONSERVATEE MINOR
CASE NUMBER:
PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE
THE PEOPLE OF THE STATE OF NEW YORK EX PARTE TO 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 law proceeding should use form FL-935. An individual may not act as a guardian ad litem unless the individual is an attorney or is represented by an attorney. A guardian ad litem is NOT the same as a guardian of the person or the estate. GREETINGS:
1. Petitioner (name): personal representative of the estate all business a. WE COMMAND YOU, that of: guardian b. the Honorableof: conservator of: c. County of located at trustee of: d. in room interested on the (specify capacity): , person day of other e. is
and excuses being laid aside, you and each of you attend before , at the Court
, 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the
2. This petition seeks the appointment of the following person as guardian ad litem (state name, address, and telephone number):
Your failure to comply interests subpoena is punishable as a contempt of and telephone make you 3. The guardian ad litem is to represent thewith this of the following person (state name, address, court and willnumber):
liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. , one of the Justices of the day of , 20
4. The person to be represented is a. b. c. d. e.
Witness, Honorable a minor (date of birth): Courtan incapacitated person. in County,
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. Attorney(s) for 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). Office and in Probate Code the representation of a minor, incapacitated person, or other person identified P.O. Address section 1003(a) in a e. proceeding under the Probate Code (Probate Code, § 1003(a)) (specify details in Attachment 5e). f. other (specify. Continue in Attachment 5f if necessary):
an unborn person. an unascertained person. a person whose identity or address is unknown. (Attorney must sign above and type name below) a designated class of persons who are not ascertained or are not in being.
Form Adopted for Mandatory Use Judicial Council of California DE-350/GC-100 [Rev. January 1, 2004]
Telephone No.: Facsimile No.: E-Mail Address: PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE No.: Mobile Tel.
Page 1 of 2 Probate Code, § 1003
American LegalNet, Inc. www.USCourtForms.com
ESTATE OF (Name): DECEDENT CONSERVATEE MINOR
CASE NUMBER:
6. The appointment of a guardian ad litem is proper because the minor has no guardian of his or her estate. a. 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, 2004]
(SIGNATURE OF MINOR 12 YEARS OF AGE OR OLDER)
PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE
Page 2 of 2
Print This Form
For your protection and privacy, please press the Clear This Form button after you have printed the form.
Clear This Form