Fillable GC-205 GUARDIANSHIP PAMPHLET (California)

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GC-205 GUARDIANSHIP PAMPHLET (California)

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GC-205
P
AMPHLET
(FOR GUARDIANSHIPS OF CHILDREN
IN THE PROBATE COURT)
This pamphlet provides basic information about
probate guardianships for children. It includes general
information about court procedures, the duties and
responsibilities of probate guardians, and other helpful
material to assist you in fulfilling the obligations of a
guardian. (For information about becoming a guardian
of a dependent or ward of the Juvenile Court, you
should consult the separate pamphlet on that subject.)
Further information about probate guardianships may
be obtained from an attorney, the Probate Code, and
private publications and resources. You should also
consult the court or the court clerk's office regarding
special procedures or rules in your county.
Form Adopted for Mandatory Use
Judicial Council of California
GC-205 [Rev. January 1, 2001]
12
Legal advice – An attorney can advise you and help you
prepare your inventories, accountings, and petitions to the
court. If you have any questions, you should consult with an
attorney.
OTHER GENERAL INFORMATION
Removal of a guardian – A guardian may be removed for
specific reasons or when it is in the child's best interest. A
guardian may be removed either on the court's own motion or
by a petition filed by the child, a relative of the child, or any
other interested person. If necessary, the court may appoint a
successor guardian, or the court may return the child to a
parent if that is found to be in the child's best interest.
Legal documents – For your appointment as guardian to be
valid, the Order Appointing Guardian of Minor must be signed.
Once the court signs the order, the guardian must take
prepared Letters of Guardianship to the clerk's office where the
clerk will issue the letters. Letters of Guardianship is a legal
document that provides proof that you have been appointed
and are serving as the guardian for a minor. You should
obtain several certified copies of the Letters from the clerk.
These legal documents will be of assistance to you in the
performance of your duties, such as enrolling the child in
school, obtaining medical care, and taking care of estate
business.
Attorneys and legal resources – If you have an attorney, the
attorney will advise you on your duties and responsibilities, the
limits of your authority, the rights of the child, and your dealings
with the court. If you have legal questions, you should
consult with your attorney. Please remember that the court
staff cannot give you legal advice.
If you are not represented by an attorney, you may obtain
answers to your questions by contacting community
resources, private publications, or your local law library.
G
UARDIANSHIP
JUDICIAL SUBPOENA
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Courtat thethe Honorable
located at
County of
o'clock in theday of noon, and at any recessedin room , on the , 20 , at
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you 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.
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
I
Calendar No.
THE PEOPLE OF THE STATE OF NEW YORK
TO
Index No.
,
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Court in
Witness, Honorable , one of the Justices of the
day of , 20County,
COURT
COUNTY OF
Plaintiff(s)
-against-
Defendant(s)
:
:
:
:
:
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:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mobile Tel. No.:
Guardianship is a court process by which a person other
than a parent is given custody of a child or authority over a
child's property. Appointment as guardian requires the filing of
a petition and approval by the court. This pamphlet will
provide you with some basic information about guardianships.
If the court establishes a probate guardianship, the
guardianship may be:
112
[GC-205]
What is Guardianship?
• A guardianship of the person of the child (custody);
• A guardianship of the child's "estate" (property); or
• Both.
If the court appoints you as a guardian for a child, you will
assume important duties and obligations. You will become
responsible to the court. It is essential that you clearly
understand your duties and responsibilities as guardian. If you
have any questions, you should consult with an attorney who
is qualified to advise you in these matters.
What is a Legal Guardian?
A legal guardian is an adult to whom the court has given
authority and responsibility to provide care for a child, or to
manage the child's assets, or both.
Who May Be Legal Guardians?
Relatives, friends of the family, or other interested persons
may be considered as potential legal guardians.
Before you file a petition for guardianship, you should
consider the following:
Before You File the Petition
INSURANCE
Insurance coverage – As guardian of the estate, you should
make sure that there is appropriate and sufficient insurance
covering the assets and risks of the estate. You should
maintain the insurance in force throughout the entire period of
the guardianship or until the insured asset is sold.
RECORD KEEPING AND ACCOUNTING
Records – As guardian of the estate, you must keep
complete, accurate records of each financial transaction
affecting the estate. The checkbook for the guardianship
checking account is your indispensable tool for keeping
records of income and expenditures. You should also keep
receipts for all purchases.
Record keeping is critical because you will have to prepare
an accounting of all money and property you have received,
what you have spent, the date of each transaction, and its
purpose. You will also have to be able to describe in detail
what is left after you have paid the estate's expenses.
Accountings – As guardian of the estate, you must file a
petition requesting that the court review and approve your
accounting one year after your appointment and at least every
two years after that. The court may ask that you justify some
or all expenditures. You should have receipts and other
documents available for the court's review, if requested.
If you do not file your accounting as required, the court will
order you to do so. You may be removed as guardian for
failure to file an accounting.
Format – As guardian of the estate, you must comply with all
state and local rules when filing your accounting. A particular
format is specified in the Probate Code, which you must follow
when you present your account to the court. You should check
local rules for any special local requirements.
• Is a guardianship really necessary?
• Have you considered the alternatives?
• Do the parents consent to the guardianship?
• Without parental consent, is there enough evidence for
you to prove the need for a guardianship?
• Do you need legal advice or assistance?
10
3
[GC-205]
Some Alternatives to Guardianship
Private agreements – You can make a private agreement with
the child's parents to provide care for the child. A written
agreement can be made showing that you have "custody" of
the child with the parents' consent. Normally it is also
beneficial to secure a medical release for emergencies,
especially if a parent is not readily available. Note: The parents
may revoke this type of agreement at any time.
Caregiver's Authorization Affidavit – The California Family
Code allows a person who is related to a child to fill out a
Caregiver's Authorization Affidavit. The affidavit normally
allows that person, as a caregiver, to enroll the child in school
and secure medical treatment for the child.
Other financial arrangements – The law allows parents to
make other financial arrangements for property inherited by or
given to their children. For instance, a blocked account and
other protective measures can be used without the
appointment of a guardian of the estate. Consultation with an
attorney for these types of matters is highly recommended.
Note: Some financial institutions, insurance companies, and
courts require the appointment of a guardian of the estate
before they will release funds on behalf of a minor.
THE PROCESS – BRIEFLY
If you decide that a child needs a probate guardianship, the
first step in the process of establishing guardianship is to fill out
and file the petition and other required documents with the
clerk of the court. Some counties have additional "local forms"
that need to be filed along with the standard forms.
Any interested party or the child, if 12 years or older, may
file the petition. Specific persons must be given notice of the
petition, unless excused by the court, before the court can hear
the case.
If the child of whose estate you are the guardian has a living
parent or if that child receives assets or is entitled to support
from another source, you must obtain court approval before
using guardianship assets for the child's support, maintenance,
or education. You must file a petition or include a request for
approval in the original petition, and set forth which exceptional
circumstances justify any use of guardianship assets for the
child's support. The court ordinarily will grant such a petition
for only a limited period of time, usually not more than one
year, and only for specific and limited purposes.
INVENTORY OF ESTATE PROPERTY
Locate the estate's property – As guardian of the estate, you
must locate, take possession of, and protect the child's income
and assets that will be administered in the estate. You must
change the ownership of all assets into the guardianship
estate's name. For real estate, you should record a copy of
your Letters of Guardianship with the county recorder in each
county where the child owns real property.
Determine the value of the property – As guardian of the
estate, you must arrange to have a court-appointed referee
determine the value of the estate property unless the
appointment is waived by the court. You, rather than the
referee, must determine the value of certain "cash items."
An attorney can advise you about how to do this.
File an inventory and appraisal – As guardian of the estate,
you must file an inventory and appraisal within 90 days after
your appointment. You may be required to return to court 90
days after your appointment as guardian of the estate, to
ensure that you have properly filed the inventory and appraisal.
You may read Family Code section 6550 for details about
this law. The caregiver form may be available through your
local county clerk's office, through private legal publications, or
from a private attorney. Note: The parents may revoke your
authority or override your decision under this type of
agreement at any time.
GUARDIANSHIP OF THE PERSON
94
[GC-205]
The court may order that an investigation be completed
before it makes its decision. If this occurs, you, the child, and
any other persons deemed essential will probably be contacted
about the case. The investigator will give the court a report and
make a recommendation on what should occur. At that stage,
the case may go to trial. The court may grant the petition or
may find that there are insufficient grounds to establish a
guardianship.
There is a fee for filing a guardianship petition. In addition,
you may be charged a fee for a guardianship investigation. If
neither you nor the child's estate can afford to pay the fees,
you may request that the court waive the fee requirement. The
court clerk can provide you with a fee waiver form.
The probate court may appoint a guardian of the person for a
child when no parent is available to meet the needs of the child
because of the parents' death, incapacity, abandonment,
military obligations, or other reasons.
Fundamental Responsibilities – The guardian of the person
of a child has the care, custody, and control of the child. As
guardian, you are responsible for providing for food, clothing,
shelter, education, and all the medical and dental needs of the
child. You must provide for the safety, protection, and physical
and emotional growth of the child. Like a parent, you should
maintain close contact with the child's school and physician.
Raising children is not always easy. You should become
familiar with community resources that can assist both you and
the child. You may get help and information from a support
group for guardians.
Custody – As guardian of the person of the child, you have full
legal and physical custody of the child and are responsible for
all decisions relating to the child. The child's parents can no
longer make decisions for the child while there is a
guardianship. The parents' rights are suspended—not
terminated—as long as a guardian is appointed for a minor. If
you wish, you may ask the parents for their opinions about
matters relating to the child.
You should use the child's social security number when
opening estate accounts. You should never deposit estate
funds in your personal account or otherwise mix them with your
own funds or anyone else's funds, even for brief periods.
Securities in the estate must be held in a name that shows that
they are estate property and not your personal property.
Interest-bearing accounts and other investments – Except
for checking accounts intended for ordinary expenses, you
should place estate funds in interest-bearing accounts. You
may deposit estate funds in insured accounts in federally
insured financial institutions, but you should not put more than
$100,000 in any single institution. You should consult with an
attorney before making other kinds of investments.
Blocked accounts – A blocked account is an account with a
financial institution in which money or securities are placed.
No person may withdraw funds from a blocked account without
the court's permission.
Depending on the amount and character of the child's
property, the guardian may elect or the court may require
that estate assets be placed in a blocked account. As
guardian of the estate, you must follow the direction of the
court and the procedures required to deposit funds in this type
of account. The use of a blocked account is a safeguard and
may save the estate the cost of a bond.
Other restrictions – As guardian of the estate, you will have
other restrictions on your authority to deal with estate assets.
Without prior court order of the court, you may not pay fees to
yourself or your attorney. You may not make a gift of estate
assets to anyone. You may not borrow money from the estate.
You may not use estate funds to purchase real property
without prior court order.
If you do not obtain the court's permission to spend estate
funds, you may be compelled to reimburse the estate from
your own personal funds and may be removed as guardian.
You should consult with an attorney concerning the legal
requirements relating to sales, leases, mortgages, and
investment of estate property.
58
[GC-205]
Education – As guardian of the person of the child, you are
responsible for the child's education. You determine where the
child should attend school. As the child's advocate within the
school system, you should attend conferences and play an
active role in the child's education. For younger children, you
may want to consider enrolling the child in Head Start or other
similar programs. For older children, you should consider their
future educational needs such as college or a specialized
school. You must assist the child in obtaining services if the
child has special educational needs. You should help the
child in setting and attaining his or her educational goals.
Residence – As guardian, you have the right to determine
where the child lives. The child normally will live with you, but
when it is necessary, you are allowed to make other
arrangements if they are in the best interest of the child. You
should obtain court approval before placing the child back with
his or her parents.
As guardian, you do not have the right to change the child's
residence to a place outside California unless you first receive
the court's permission. If the court grants permission,
California law requires that you establish legal guardianship in
the state where the child will be living. Individual states have
different rules regarding guardianships. You should seek
additional information about guardianships in the state where
you want the child to live.
Medical treatment – As guardian, you are responsible for
meeting the medical needs of the child. In most cases, you
have the authority to consent to the child's medical treatment.
However, if the child is 14 years or older, surgery may not be
performed on the child unless either (1) both the child and the
guardian consent or (2) a court order is obtained that
specifically authorizes the surgery. This holds true except in
emergencies.
A guardian may not place a child involuntarily in a mental
health treatment facility under a probate guardianship. A
mental health conservatorship proceeding is required for such
an involuntary commitment. However, the guardian may
secure counseling and other necessary mental health services
for the child. A variety of counseling services is available to
services for the child, or to follow a scheduled visitation plan
between the child and the child's parents or relatives. As
guardian, you must follow all court orders.
Termination of guardianship of the person – A guardianship
of the person automatically ends when the child reaches the age
of 18, is adopted, marries, is emancipated by court order, enters
military service, or dies. If none of these events has occurred,
the child, a parent, or the guardian may petition the court for
termination of guardianship. But it must be shown that the
guardianship is no longer necessary or that termination of the
guardianship is in the child's best interest.
GUARDIANSHIP OF THE ESTATE
If the court appoints you as guardian of the child's estate,
you will have additional duties and obligations. The money
and other assets of the child are called the child's "estate."
Appointment as guardian of a child's estate is a solemn
matter. It is taken very seriously by the court. The guardian of
the estate is required to manage the child's funds, collect and
make an inventory of the assets, keep accurate financial
records, and regularly file financial accountings with the court.
The use of an attorney for legal advice in managing the estate
is recommended.
Prudent investments – As guardian of the estate, you must
manage the child's assets with the care of a prudent person
dealing with someone else's property. This means that you
must be cautious and may not make speculative or risky
investments.
MANAGING THE ESTATE
Keeping estate assets separate – As guardian of the estate,
you must keep the money and property of the child's estate
separate from everyone else's, including your own. When you
open a bank account for the estate, the account name must
indicate that it is a guardianship account and not your
personal account.
76
[GC-205]
help children. As guardian, you are expected to secure
necessary services, cooperate with counselors, and maintain
regular contacts with the child's treatment providers.
The law allows older and more mature children to consent
to their own treatment in certain situations, such as outpatient
mental health treatment, medical care related to pregnancy or
sexually transmitted diseases, and drug and alcohol treatment.
Community resources – There are agencies in each county
that may be helpful in meeting the specific needs of children
who come from conflicted, troubled, or deprived environments.
If the child has special needs, you must strive to meet those
needs or secure appropriate services. Some children may
have physical or learning disabilities. Other children come from
abusive homes or have been victims of abuse. Counseling
and other services may be necessary to assist a child who has
special needs or has had unpleasant life experiences. If you
need assistance, you should check with the court or with your
local child protective services agency for a referral to agencies
that can help you and the child.
Financial support – Even when the child has a guardian, the
parents are still obligated to support the child financially. The
guardian may take action to obtain child support. You may
contact the local child support agency in your county to collect
support from a parent. The child may also be eligible for
Temporary Aid for Needy Families, TANF, formerly known as
AFDC, social security benefits, Veterans Administration
benefits, Indian child welfare benefits, and other public or
private funds.
Visitation – The court may require that you allow visitation or
contact between the child and his or her parents. The child's
needs often require that the parent-child relationship be
maintained, within reason. However, the court may place
restrictions on the visits, such as the requirement of
supervision. The court may also impose other conditions in
the child's best interest.
Under most circumstances, it is best for you to have a
working relationship with the parents if possible. However, in
every case, you must follow all orders of the court, including
those that may restrict contacts and visitation.
Driver's license – As guardian of the person, you have the
authority to consent to the minor's application for a driver's
license. If you consent, you will become liable for any civil
damages that may result if the minor causes an accident. The
law requires that anyone signing the DMV application obtain
insurance to cover the minor.
Enlistment in the armed services – The guardian may
consent to a minor's enlistment in the armed services. If the
minor enters into active duty with the armed forces, the minor
becomes emancipated under California law.
Marriage – For the minor to marry, the guardian and the
court must give permission. If the minor enters a valid
marriage, the minor becomes emancipated under California
law.
Change of address – A guardian must notify the court in
writing of any change in the address of either the child or the
guardian. This includes any changes that result from the
child's leaving the guardian's home or returning to the parent's
home. You must always obtain court permission before you
move the child to another state or country.
Court visitors and status reports – Some counties have a
program which "court visitors" track and review guardianships.
If your county has such a program, you will be expected to
cooperate with all requests of the court visitor. Also, as
guardian, you may be required to fill out and file status reports.
In all counties, you must cooperate with the court and court
investigators.
Misconduct of the child – A guardian, like a parent, is liable
for the harm and damages caused by the willful misconduct of
a child. There are special rules concerning harm caused the
use of a firearm. If you are concerned about your possible
liability, you should consult an attorney.
Additional responsibilities – The court may place other
conditions on the guardianship or additional duties upon you,
as guardian. For example, the court may require the guardian
to complete counseling or parenting classes, to obtain specific
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GC-110
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
MINOR
CASE NUMBER:
Person* Estate*
requests that
Petitioner (name each):
(Name):
bond be fixed. It will be furnished by an admitted surety insurer or as otherwise provided by law.$
(Specify reasons in Attachment 1c if the amount is different from maximum required by Probate Code section 2320
and Cal. Rules of Court, rule 7.207(c).)
(3)
$
(Specify institution and location):
Current telephone no.:Current address:
provide for temporary care, maintenance, and support
as follows):specified in attachment 3
Probate Code, § 2250;
Cal. Rules of Court, rules 7.101, 7.1012
www.courtinfo.ca.gov
PETITION FOR APPOINTMENT OF
TEMPORARY GUARDIAN
(Probate—Guardianships and Conservatorships)
Form Adopted for Mandatory and Alternative
Mandatory Use Instead of Form GC-110(P)
Judicial Council of California
GC-110 [Rev. July 1, 2008]
(Name):
in deposits in a blocked account be allowed. Receipts will be filed.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
Page 1 of 2
a.
1.
b.
c.
bond not be required because petition is for a temporary guardianship of the person only.
bond not be required for the reasons stated in attachment 1c.
(1)
(2)
(4)
2.
3.
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
(Address and
telephone number):
(Address and
telephone number):
*You MAY use this form or form GC-110(P) for a temporary guardianship of the person. You MUST use this form for a
temporary guardianship of the estate or the person and estate.
(Name):
TEMPORARY GUARDIANSHIP OF
PETITION FOR APPOINTMENT OF TEMPORARY GUARDIAN
HEARING DATE:
DEPT.:
TIME:
be appointed temporary guardian of the PERSON of the minor and Letters issue upon qualification.
be appointed temporary guardian of the ESTATE of the minor and Letters issue upon qualification.
e. the powers specified in attachment 1e be granted in addition to the powers provided by law.
d. a request for an exception to notice of the hearing on this petition for good cause is filed with this petition.
f.
other orders be granted (specify in attachment 1f).
The minor is (name):
The minor requires a temporary guardian to
Person and Estate*
protect property from loss or injury because (facts are
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
CASE NUMBER:
MINOR
a.
b.
c.
Character and estimated value of the property of the estate (complete if a temporary guardianship of the estate or
person and estate is requested):
will will not attend the hearing.
Date:
* (Signature of all petitioners also required (Prob. Code, § 1020).)
(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)
(TYPE OR PRINT NAME)
(SIGNATURE OF PETITIONER)
GC-110 [Rev. July 1, 2008]
PETITION FOR APPOINTMENT OF
TEMPORARY GUARDIAN
(Probate—Guardianships and Conservatorships)
Page 2 of 2
pending the appeal under Probate Code section 1301.
GC-110
4.
5.
Annual gross income from all sources, including real and
personal property, wages, pensions, and public benefits:
a.
b.
Personal property:
c.
Total:
6.
7.
$
$
$
$
All attachments to this form are incorporated by this reference as though placed here in this form. There are
attached to this form.
pages
Temporary guardianship is required
pending the hearing on the petition for appointment of a general guardian.
during the suspension of powers of the guardian.
(Name):
TEMPORARY GUARDIANSHIP OF
Petitioner believes the minor
3. (Facts supporting appointment of a temporary guardian (continued)):
d.
Additional amount for cost of recovery on the bond, calculated
as required under Cal. Rules of Court, rule 7.207(c):
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
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GC-140
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
ESTATE OF PERSON
MINOR
CASE NUMBER:
WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.
Judicial officer (name):
Time: Room:Dept.:Hearing date:
Petitioner (name):c.
Attorney for petitioner (name):
d.
THE COURT FINDS
Notice of the time and place of hearing has been given as required by law.2.
has beenNotice of the time and place of hearingb.
3. provide for temporary care, maintenance, and support
4.
THE COURT ORDERS
(Name):
(Telephone):(Address):
Probate Code, §§ 2250–2254
a.
and Letters shall issue upon qualification.
Form Adopted for Mandatory Use
Judicial Council of California
GC-140 [Rev. January 1, 2009]
1.
ORDER APPOINTING TEMPORARY GUARDIAN
(Probate—Guardianships and Conservatorships)
FAX NO. (Optional):
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
(Name):
TEMPORARY GUARDIANSHIP OF THE
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
ORDER APPOINTING TEMPORARY GUARDIAN
It is necessary that a temporary guardian be appointed to
pending an appeal under Probate Code section 1301.
Minor (name):
Attorney for minor (name):
a.
b.
e.
f.
g.
Minor’s parents (names):
Attorney for minor’s parents (names):
h.
i.
Person with valid visitation order (name):
Attorney for person with valid visitation order (name):
j.
k.
Public Guardian (name):
l.
Attorney for Public Guardian (name):
The petition for appointment of a temporary guardian came on for hearing as follows (check boxes c–l to indicate personal
presence):
protect property from loss or injury pending the hearing on the petition for appointment of a general guardian.
during the suspension of powers of the guardian.
a.
is appointed temporary guardian of the PERSON of (name):
(Name):
(Telephone):(Address):
and Letters shall issue upon qualification.
b.
is appointed temporary guardian of the ESTATE of (name):
Page 1 of 2
should be dispensed with for (names):
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
CASE NUMBER:
(Name):
MINOR
Notice of hearing to the persons named in item 2b is dispensed with.
7.
Bond is not required.
8.
Bond is fixed at: $ to be furnished by an authorized surety company or as otherwiseb.
provided by law.
c.
are ordered to be placed in a blocked account at (specify institution andDeposits of: $
location):
and receipts shall be filed. No withdrawals shall be made without a court order. Additional orders in attachment 6c.
d.
Other orders as specified in attachment 8 are granted.
Unless modified by further order of the court, this order expires on (date):
Number of boxes checked in items 4–9:
Number of pages attached:
Date:
JUDICIAL OFFICER
SIGNATURE FOLLOWS LAST ATTACHMENT
GC-140 [Rev. January 1, 2009]
ORDER APPOINTING TEMPORARY GUARDIAN
(Probate—Guardianships and Conservatorships)
Page 2 of 2
a.
9.
10.
GC-140
TEMPORARY GUARDIANSHIP OF
5.
6.
The temporary guardian is not authorized to take possession of money or any other property without a specific court
order.
11.
In addition to the powers granted by law, the temporary guardian is granted other powers. These powers are specified
in attachment 7. below (specify):
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
The temporary is not authorized to take possession of money or any other property
without a specific court order.
1.
of the
is appointed temporary
2.
These Letters shall expire
a.
b.
4.
WITNESS, clerk of the court, with seal of the court affixed.
(SEAL)
Clerk, by
, Deputy
Probate Code, §§ 2250 et seq., 2890–2893;
Code of Civil Procedure, § 2015.6
www.courts.ca.gov
Form Adopted for Mandatory Use
Judicial Council of California
GC-150 [Rev. January 1, 2015]
LETTERS OF TEMPORARY GUARDIANSHIP OR
CONSERVATORSHIP
(Probate—Guardianships and Conservatorships)
Page 1 of 2
or upon earlier issuance of Letters to a general guardian or conservator.
3.
This form may be recorded as notice of the establishment of a temporary conservatorship of the estate as provided in Probate Code section 1875.
5.
(Name):
guardian conservator person
estate
of (name):
Other powers that have been granted or restrictions imposed on the temporary
guardian conservator are specified in Attachment 2.
specified below:
on
(date):
on other date
(specify):
guardian conservator
Number of pages attached:
Date:
LETTERS
ATTORNEY OR PARTY WITHOUT ATTORNEY (name, address, and State Bar number):
TEL NO.:
After recording, return to:
E-MAIL ADDRESS (optional):
FAX NO. (optional):
ATTORNEY FOR (name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
FOR RECORDER'S USE ONLY
OF (name):
TEMPORARY GUARDIANSHIP CONSERVATORSHIP
MINOR
CONSERVATEE
CASE NUMBER:
LETTERS OF TEMPORARY
GUARDIANSHIP CONSERVATORSHIP
Person
Estate
GC-150
FOR COURT USE ONLY
When these Letters of Temporary Guardianship or Letters of Temporary Conservatorship (Letters) are delivered to you as an employee
or other representative of an institution or financial institution (described below) in order for the temporary guardian or temporary
conservator of the estate (1) to take possession or control of an asset of the minor or conservatee named above held by your institution
(including changing title, withdrawing all or any portion of the asset, or transferring all or any portion of the asset) or (2) to open or
change the name of an account or a safe-deposit box in your financial institution to reflect the guardianship or conservatorship, you
must fill out Judicial Council form GC-050 (for an institution) or form GC-051 (for a financial institution). An officer authorized by your
institution or financial institution must date and sign the form, and you must file the completed form with the court.
There is no filing fee for filing the form. You may either arrange for personal delivery of the form or mail it to the court for filing at the
address given for the court on page 1 of these Letters.
The temporary guardian or temporary conservator should deliver a blank copy of the appropriate form to you with these Letters, but it is
your institution’s or financial institution’s responsibility to complete the correct form, have an authorized officer sign it, and file the
completed form with the court. If the correct form is not delivered with these Letters or is unavailable for any other reason, blank copies
of the forms may be obtained from the court. The forms may also be accessed from the judicial branch’s public Web site free of charge.
The Internet address (URL) is www.courts.ca.gov/forms/. Select the form group Probate—Guardianships and Conservatorships and
scroll down to form GC-050 for an institution or form GC-051 for a financial institution. The forms may be printed out as blank forms and
filled in by typewriter, or may be filled out online and printed out ready for signature and filing.
An institution under California Probate Code section 2890(c) is an insurance company, insurance broker, insurance agent, investment
company, investment bank, securities broker-dealer, investment advisor, financial planner, financial advisor, or any other person who
takes, holds, or controls an asset subject to a conservatorship or guardianship other than a financial institution. Institutions must file a
Notice of Taking Possession or Control of an Asset of Minor or Conservatee (form GC-050) for an asset of the minor or conservatee
held by the institution. A single form may be filed for all affected assets held by the institution.
A financial institution under California Probate Code section 2892(b) is a bank, trust (including a Totten trust account but excluding
other trust arrangements described in Probate Code section 82(b)), savings and loan association, savings bank, industrial bank, or
credit union. Financial institutions must file a Notice of Opening or Changing a Guardianship or Conservatorship Account or Safe-
Deposit Box (form GC-051) for an account or a safe deposit box held by the financial institution. A single form may be filed for all
affected accounts or safe deposit boxes held by the financial institution.
AFFIRMATION
I solemnly affirm that I will perform according to law the duties of temporary
LETTERS OF TEMPORARY
GC-150
NOTICE TO INSTITUTIONS AND FINANCIAL INSTITUTIONS
(Probate Code sections 2890–2893)
CERTIFICATION
I certify that this document, including any attachments, is a correct copy of the original on file in my office and that the Letters issued to
the person appointed above have not been revoked, annulled, or set aside and are still in full force and effect.
Clerk, by
, Deputy
(SEAL)
(SIGNATURE OF APPOINTEE)
GC-150 [Rev. January 1, 2015]
Page 2 of 2
LETTERS OF TEMPORARY GUARDIANSHIP OR CONSERVATORSHIP
(
Probate—Guardianships and Conservatorships)
GUARDIANSHIP CONSERVATORSHIP
guardian. conservator.
Executed on (date): , at (place):
(TYPE OR PRINT NAME)
Date:
OF (name):
TEMPORARY GUARDIANSHIP CONSERVATORSHIP
MINOR
CONSERVATEE
CASE NUMBER:
ATTORNEY OF PARTY WITHOUT ATTORNEY (Name and Address) Telephone Number
ATTORNEY FOR (Name):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA Limited Civil Case
800 SOUTH VICTORIA AVE. VENTURA, CA 93009
4353 VINEYARD AVE., OXNARD, CA 93036
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
DECLARATION RE EX PARTE NOTICE
Dom. Violence Restraining Order Civil Harassment Restraining order
Other Family Law / Custody Other Civil / Probate
CASE NUMBER:
Instructions: The person giving the notice must state how notice was given, where the hearing is to be held, and what
orders are requested. If notice is not being given, please advance to page two of this form.
I, , declare:
1. I informed the person listed above that an order would be sought in the Superior Court of Ventura County at
800 South Victoria Ave., Ventura 4353 Vineyard Ave., Oxnard
on: Date: Time: Courtroom:
Person informed: (Name) Date and time informed:
How Informed:
By telephone to the party attorney at (Telephone Number)
By leaving a message with (Name) relationship to party:
at (Telephone Number) In person
By leaving a message on voicemail of the party at (Telephone Number)
By personally informing: party attorney
In writing (copy must be attached).
2. I told him/her that the orders requested included, but were not limited to:
Domestic Violence Restraining Orders with move-out orders custody orders
Civil Harassment Restraining Orders
Custody / visitation orders, specifically:
Other:
and that he/she should appear at the above time and place if he/she wished to be heard by the court.
3. I do do not expect the other party to oppose my request.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated:
Signature of Declarant
DECLARATION RE EXPARTE NOTICE
VN028
Optional form
VN028 (Rev.01/14)
Page 1 of 2
DECLARATION RE: EXPARTE NOTICE - NO NOTICE GIVEN
Dom. Violence Restraining Order
Other Family Law / Custody
Civil Harassment Restraining order
Other Civil / Probate
Instructions: Notice must be given for all Ex Parte requests unless the person requesting the order can establish
exceptional circumstances to excuse notice.
1. I,
, am requesting Ex Parte orders as stated below. I am requesting that notice be
excused in this matter.
2. Ex Parte hearing is set at
800 South Victoria Ave., Ventura
3855-F Alamo St., Simi Valley
4353 Vineyard Ave., Oxnard
on: Date: Time: Courtroom:
3. I am requesting the following orders:
Domestic Violence Restraining Orders with move-out orders custody orders
Civil Harassment Restraining Orders
Custody / visitation orders, specifically:
Other Civil/Probate orders, specifically:
4.
Notice should be excused because (provide details as to why the other party should not be told, in advance, of your
request for emergency orders)
I do not have any way to give notice to the other party because:
If notice is given, I, or the children, will suffer immediate harm, specifically:
Giving notice would frustrate the purpose of this order because:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated:
DECLARATION RE EXPARTE NOTICE
Optional form
VN028 (Rev.01/14)
Page 2 of 2
VN028
(Specify institution and location):
requests that
Petitioner (name each):
be appointed guardian of the PERSON of the minor or minors named in item 2 and Letters issue upon qualification.
a.
(name):
(address):
(telephone):
be appointed guardian of the ESTATE of the minor or minors named in item 2 and Letters issue upon qualification.
(1)
(2)
(3)
Form Adopted for Mandatory
and Alternative Mandatory Use
Instead of Form GC-210(P)
Judicial Council of California
GC-210 [Rev. July 1, 2016]
Probate Code, §§ 1510, 1510.1;
Cal. Rules of Court, rule 7.101
www.courts.ca.gov
PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR
(Probate—Guardianships and Conservatorships)
Page 1 of 3
1.
c.
2.
d.
e.
f.
g.
Attached is a copy of Guardianship Petition—Child Information Attachment (form GC-210(CA)) for each minor for whom this
petition requests the appointment of a guardian. The full legal name and date of birth of each minor is:
**You MAY use this form or form GC-210(P) for a guardianship of the person. You MUST use this form for a guardianship of the estate or of
the person and estate. Do NOT use this form for a temporary guardianship.
a.
b.
c.
d.
guardian is a corporate fiduciary or an exempt government agency
bond not be required because the petition is for guardian of the person only because the proposed
for the reasons stated in Attachment 1c.
bond be fixed. It will be furnished by an authorized surety company or as otherwise provided by
law. (Specify reasons in Attachment 1c if the amount is different from the minimum required by Prob. Code, § 8482.)
$
in deposits in a blocked account be allowed. Receipts will be filed.
$
authorization be granted under Probate Code section 2590 to exercise the powers specified in Attachment 9.
orders relating to the powers and duties of the proposed guardian of the person under Probate Code sections 2351–2358
be granted (specify orders, facts, and reasons in Attachment 1e).
an order dispensing with notice to the persons named in Attachment 10 be granted.
other orders be granted (specify in Attachment 1g).
Name:
Name:
Name:
Name:
Date of Birth (month/day/year):
The names and dates of birth of additional minors are specified on Attachment 2 to this petition.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
GUARDIANSHIP OF (name):
FOR COURT USE ONLY
CASE NUMBER:
PETITION FOR APPOINTMENT OF GUARDIAN OF
Person** Estate**
MINOR* MINORS*
GC-210
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
HEARING DATE AND TIME:
DEPT.:
b.
(name):
(address):
(telephone):
Date of Birth (month/day/year):
Date of Birth (month/day/year):
Date of Birth (month/day/year):
*Under section 1510.1(d) of the Probate Code, the terms child, minor, and ward include a youth 18 to 20 years of age.
(Not applicable to proposed wards 18 years of age and older.)
Appointment of a guardian of the of the minor or minors named in item 2 is necessary or
convenient for the following reasons:
5.
6.
Total:
9.
10.
GC-210 [Rev. July 1, 2016] Page 2 of 3
PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR
(Probate—Guardianships and Conservatorships)
7.
Annual gross income from all sources, including real and
personal property, wages, pensions, and public benefits:
Personal property:a.
b.
c.
d.
8.
The proposed guardian is (check all that apply):
a.
4.
Petitioner is3.
a.
b.
c.
b.
c.
d.
related to the minor or minors named in item 2, as shown in item 7 of each minor's attached form GC-210(CA).
the minor named in item 2, who is 12 years of age or older.
another person on behalf of minor or minors named in item 2, as shown in item 7 of each minor's attached form
GC-210(CA).
a nominee (affix a copy of nomination as Attachment 4a or file Nomination of Guardian (form GC-211, items 2 and 3)
with this petition.
related to the minor or minors named in item 2, as shown in item 3 of each minor's attached form GC-210(CA).
other, as shown in item 3 of each minor's attached form GC-210(CA).
a professional fiduciary within the meaning of the Professional Fiduciaries Act.The proposed guardian's license status is
shown in item 1 on page 1 of the attached Professional Fiduciary Attachment. (Use form GC-210(A-PF)/GC-310(A-PF)
for this attachment.)
Petitioner, with intent to adopt, has accepted or intends to accept physical care or custody of the minor.
A person other than the proposed guardian has been nominated as the guardian of the minor by
writing. A copy of the nomination is affixed as Attachment 6. (Specify name and address of nominee in item 2 of minor's
attached form GC-210(CA).)
will other
Character and estimated value of property of the estate (complete if petition requests appointment of a guardian of the estate
or the person and estate):
$
Real property: $
person estate
Continued in Attachment 8. Parental custody would be detrimental to the minor or minors named in item 2
Granting the proposed guardian of the estate powers to be exercised independently under Probate Code section 2590 would
be to the advantage and benefit and in the best interest of the guardianship estate. Reasons for this request and the powers
requested are specified in Attachment 9.
Notice to the persons named in Attachment 10 should be dispensed with under Probate Code section 1511 because
they cannot with reasonable diligence be given notice (specify names and efforts to locate in Attachment 10).
giving notice to them would be contrary to the interest of justice (specify names and reasons in Attachment 10).
GC-210
CASE NUMBER:
GUARDIANSHIP OF (name):
$
$
(not applicable to proposed wards 18 years of age and older).
*(All petitioners and the proposed ward—if he or she is at least 18 years of age but not yet 21 and not a petitioner—must also sign.)
(SIGNATURE OF ATTORNEY*)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(SIGNATURE OF PETITIONER)
(SIGNATURE OF PETITIONER)
14.
Filed with this petition are the following (check all that apply):
12.
All attachments to this form are incorporated by this reference as though placed here in this form. Number of pages attached:
(SIGNATURE OF PETITIONER)
13.
a.
The proposed guardian's home a licensed foster family home.c.
11.
b.
d.
(Complete this item if this petition is filed by a person who is not related to a minor named in item 2 and is not a petition for
appointment of a guardian of the estate only.)
Petitioner is the proposed guardian and will promptly furnish all information requested by any agency referred to in
Probate Code section 1543.
Petitioner is not the proposed guardian. A statement by the proposed guardian that he or she will promptly furnish all
information requested by any agency referred to in Probate Code section 1543 is affixed as Attachment 11b.
is is not
The proposed guardian has never filed a petition for adoption of the minor except as specified in Attachment 11d.
Attached to this petition is a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form
GC-120) concerning each child under 18 years of age listed in item 2 (guardianship of the person or person and estate only).
Consent of Proposed Guardian (form GC-211, item 1)
Nomination of Guardian (form GC-211, items 2 and 3)
Consent to Appointment of Guardian and Waiver of Notice (form GC-211, item 4)
Petition for Appointment of Temporary Guardian (form GC-110)
Petition for Appointment of Temporary Guardian of the Person (form GC-110(P))
Confidential Guardianship Screening Form (form GC-212)
Other (specify):
Date:
(TYPE OR PRINT NAME)
GC-210
CASE NUMBER:
GUARDIANSHIP OF (name):
GC-210 [Rev. July 1, 2016] Page 3 of 3
PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR
(Probate—Guardianships and Conservatorships)
Date:
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME)
Petition for Special Immigrant Juvenile Findings (form GC-220)
I consent to the appointment of the person named in item 1.a as guardian of my person and to his or her performance of the duties of a
guardian on my behalf.
(SIGNATURE OF PROPOSED WARD)
(TYPE OR PRINT NAME)
Date:
FOR COURT USE ONLY
CASE NUMBER:
ORDER APPOINTING GUARDIAN
OR EXTENDING GUARDIANSHIP OF THE PERSON
GC-240
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
GUARDIANSHIP OF THE ESTATE OF
(name):
PERSON
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.
1. The petition for appointment of a guardian or extension of a guardianship of the person came on for hearing as follows
(check boxes c, d, and e to indicate personal presence):
a.
Judge (name):
b. Hearing date: Time:
Dept.: Room:
c.
Petitioner
(name):
d.
Attorney for Petitioner
(name):
e.
(name, address, e-mail, and telephone):
THE COURT FINDS
2. a.
All notices required by law have been given.
b. Notice of hearing to the following persons
has been should be dispensed with
(names):
3. Appointment of a guardian of the person
5.
Granting the guardian powers to be exercised independently under Probate Code section 2590 is to the advantage and
benefit and is in the best interest of the guardianship estate.
6.
Attorney has been appointed by the court as legal
(name):
counsel to represent the (proposed) ward in these proceedings. The cost for representation is: $
7.
(name, title, address, and telephone):
of the proposed ward is necessary or convenient.
4.
Extension of the guardianship of the person past the ward's 18th birthday is necessary or convenient.
Do NOT use this form for a temporary guardianship.
Page 1 of 3
Form Adopted for Mandatory Use
Judicial Council of California
GC-240 [Rev. July 1, 2016]
ORDER APPOINTING GUARDIAN
OR EXTENDING GUARDIANSHIP OF THE PERSON
(Probate—Guardianships and Conservatorships)
Probate Code, §§ 1510.1, 1514,
2310
Attorney for (proposed) ward
(NOTE: The Probate Code does not authorize the appointment of a guardian of the estate for a proposed ward 18 years of
age or older.)
estate
The appointed court investigator, probation officer, or domestic relations investigator is
(specify terms, including any combination of payers):
GC-240
GUARDIANSHIP OF THE
ESTATE
(name):
PERSON
OF
CASE NUMBER:
THE COURT ORDERS
8. a.
(name):
(address): (telephone):
is appointed guardian of the PERSON of (name):
and Letters shall issue upon qualification.
b.
(name):
(address): (telephone):
is appointed guardian of the ESTATE of (name):
and Letters shall issue upon qualification.
9.
Notice of hearing to the persons named in item 2b is dispensed with.
10. a. Bond is not required.
b. Bond is fixed at:
$
to be furnished by an authorized surety company or as otherwise provided by law.
c.
are ordered to be placed in a blocked account at (specify institution and location):
and receipts shall be filed. No withdrawals shall be made without a court order.
d.
11.
(name):
the sum of: $
forthwith
as follows
12.
13.
GC-240 [Rev. July 1, 2016]
ORDER APPOINTING GUARDIAN
OR EXTENDING GUARDIANSHIP OF THE PERSON
(Probate—Guardianships and Conservatorships)
Page 2 of 3
c.
(name):
(address): (telephone):
as guardian of the PERSON of (name):
is extended past the ward's 18th birthday and new Letters shall issue forthwith.
(Not applicable to a proposed ward 18 years of age or older.)
$
Deposits of:
Additional orders in Attachment 10c.
The guardian is not authorized to take possession of money or any other property without a specific court order.
the parents of the (proposed) ward
For legal services rendered on behalf of the (proposed) ward,
the (proposed) ward's estate shall pay to
Orders are granted relating to the powers and duties of the guardian of the person under Probate Code sections 2351–2358
as specified in Attachment 13.
The guardian of the estate is granted authorization under Probate Code section 2590 to exercise independently the powers
specified in Attachment 12
subject to the conditions provided.
The appointment of
GC-240
14.
15.
Other orders as specified in Attachment 15 are granted.
16.
(name and address):
17.
18.
Date:
JUDGE OF THE SUPERIOR COURT
SIGNATURE FOLLOWS LAST ATTACHMENT
GC-240 [Rev. July 1, 2016]
ORDER APPOINTING GUARDIAN
OR EXTENDING GUARDIANSHIP OF THE PERSON
(Probate—Guardianships and Conservatorships)
Page 3 of 3
GUARDIANSHIP OF THE
ESTATE
(name):
PERSON
OF
CASE NUMBER:
Number of pages attached:
Number of boxes checked in items 9–16:
Orders are granted relating to the conditions imposed under Probate Code section 2402 upon the guardian of the estate as
specified in Attachment 14.
The probate referee appointed is
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
(name):
GUARDIANSHIP OF
FOR COURT USE ONLY
CASE NUMBER:
LETTERS OF GUARDIANSHIP
EstatePerson
GC-250
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
LETTERS
1.
(Name):
is appointed guardian of the person
estate
of (name):
2.
The appointment of
(name):
as guardian of the person of
(name):
is extended past the ward's 18th birthday as of (date):
3.
Other powers have been granted and conditions have been imposed as follows:
a.
Powers to be exercised independently under Probate Code section 2590 are specified in attachment 3a (specify
powers, restrictions, conditions, and limitations).
b.
Conditions relating to the care and custody of the property under Probate Code section 2402 are specified in
attachment 3b.
c.
Conditions relating to the care, treatment, education, and welfare of the ward under Probate Code section 2358 are
specified in attachment 3c.
d.
Other powers granted or conditions imposed are specified on attachment 3d specified below.
4.
WITNESS, clerk of the court, with seal of the court affixed.
6.
Number of pages attached:
Date:
Clerk, by
, Deputy
(SEAL)
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
GC-250 [Rev. July 1, 2016]
LETTERS OF GUARDIANSHIP
(Probate—Guardianships and Conservatorships)
Probate Code, §§ 2310, 2311, 2890–2893
www.courts.ca.gov
5.
The guardianship of the person terminates by operation of law on (date):
The guardian is not authorized to take possession of money or any other property without a specific court order.
GC-250
CASE NUMBER:
(name):
GUARDIANSHIP OF
NOTICE TO INSTITUTIONS AND FINANCIAL INSTITUTIONS
(Probate Code sections 2890–2893)
When these Letters of Guardianship (Letters) are delivered to you as an employee or other representative of an institution or
financial institution (described below) in order for the guardian of the estate (1) to take possession or control of an asset of the minor
named above held by your institution (including changing title, withdrawing all or any portion of the asset, or transferring all or any
portion of the asset) or (2) to open or change the name of an account or a safe-deposit box in your financial institution to reflect the
guardianship, you must fill out Judicial Council form GC-050 (for an institution) or form GC-051 (for a financial institution). An officer
authorized by your institution or financial institution must date and sign the form, and you must file the completed form with the court.
There is no filing fee for filing the form. You may either arrange for personal delivery of the form or mail it to the court for filing at the
address given for the court on page 1 of these Letters.
The guardian should deliver a blank copy of the appropriate form to you with these Letters, but it is your institution’s or financial
institution’s responsibility to complete the correct form, have an authorized officer sign it, and file the completed form with the court. If
the correct form is not delivered with these Letters or is unavailable for any other reason, blank copies of the forms may be obtained
from the court. The forms may also be accessed from the judicial branch’s public website free of charge. The Internet address (URL) is
www.courts.ca.gov/forms.htm. Select the form group Probate—Guardianships and Conservatorships and scroll down to form GC-050
for an institution or form GC-051 for a financial institution. The forms may be printed out as blank forms and filled in by typewriter
(nonfillable form) or may be filled out online and printed out ready for signature and filing (fillable form).
An institution under California Probate Code section 2890(c) is an insurance company, insurance broker, insurance agent, investment
company, investment bank, securities broker-dealer, investment advisor, financial planner, financial advisor, or any other person who
takes, holds, or controls an asset subject to a conservatorship or guardianship other than a financial institution. Institutions must file a
Notice of Taking Possession or Control of an Asset of Minor or Conservatee (form GC-050) for an asset of the minor or conservatee
held by the institution. A single form may be filed for all affected assets held by the institution.
A financial institution under California Probate Code section 2892(b) is a bank, trust (including a Totten trust account but excluding
other trust arrangements described in Probate Code section 82(b)), savings and loan association, savings bank, industrial bank, or
credit union. Financial institutions must file a Notice of Opening or Changing a Guardianship or Conservatorship Account or Safe-
Deposit Box (form GC-051) for an account or a safe-deposit box held by the financial institution. A single form may be filed for all
affected accounts or safe-deposit boxes held by the financial institution.
LETTERS OF GUARDIANSHIP
AFFIRMATION
I solemnly affirm that I will perform according to law the duties of guardian.
Executed on (date):, at (place):
(TYPE OR PRINT NAME) (SIGNATURE OF APPOINTEE)
CERTIFICATION
I certify that this document, including any attachments, is a correct copy of the original on file in my office, and that the Letters issued to
the person appointed above have not been revoked, annulled, or set aside, and are still in full force and effect.
(SEAL)
Date:
Clerk, by
, Deputy
GC-250 [Rev. July 1, 2016]
LETTERS OF GUARDIANSHIP
(Probate—Guardianships and Conservatorships)
Page 2 of 2
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Person child lived with (name and complete current address)
Person child lived with (name and complete current address)
Person child lived with (name and complete current address)
Person child lived with (name and complete current address)
Person child lived with (name and complete current address)
Person child lived with (name and complete current address)
Person child lived with (name and complete current address)
Person child lived with (name and complete current address)
Additional children are listed on form FL-105(A)/GC-120(A). (Provide all requested information for additional children.)
FL-105/GC-120
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NUMBER:
DECLARATION UNDER UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
1. I am a party to this proceeding to determine custody of a child.
2. My present address and the present address of each child residing with me is confidential under Family Code section 3429 as
I have indicated in item 3.
3. There are (specify number):
(Insert the information requested below. The residence information must be given for the last FIVE years.)
a. Child’s name
Place of birth Date of birth Sex
Period of residence
Address
Relationship
Confidentialto present
to
to
to
b. Child’s name
Place of birth Date of birth Sex
Residence information is the same as given above for child a.
(If NOT the same, provide the information below.)
Period of residence
Address
Relationship
Confidential
to present
to
to
to
Additional residence information for a child listed in item a or b is continued on attachment 3c.
c.
Page 1 of 2
Family Code, § 3400 et seq.; Form Adopted for Mandatory Use
Judicial Council of California
FL-105/GC-120 [Rev. January 1, 2009]
DECLARATION UNDER UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
Probate Code, §§ 1510(f), 1512
minor children who are subject to this proceeding, as follows:
www.courtinfo.ca.gov
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
PETITIONER:
RESPONDENT:
GUARDIANSHIP OF (Name):
Minor
OTHER PARTY:
Child's residence (City, State)
Child's residence (City, State)
Child's residence (City, State)
d.
Child's residence (City, State)
Child's residence (City, State)
Child's residence (City, State)
(This section applies only to family law cases.)
(This section apples only to guardianship cases.)
Confidential
Confidential
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
Juvenile Delinquency/
Juvenile Dependency
and provide the following information):
5. One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one
a. Criminal
b. Family
d. Other
Court State Case number (if known) County Orders expire (date)
Court
(name, state, location)
Court order
or judgment
(date)
Case status
b. Guardianship
c. Other
Name of each child
a. Family
Case number
Court (name, state, location)
e. Adoption
Juvenile Delinquency/
Juvenile Dependency
Case Number
Your
connection to
the case
CASE NUMBER:
SHORT TITLE:
Do you have information about, or have you participated as a party or as a witness or in some other capacity in, another court case
or custody or visitation proceeding, in California or elsewhere, concerning a child subject to this proceeding?
Yes
(If yes, attach a copy of the orders (if you have one) and provide the following information):
Do you know of any person who is not a party to this proceeding who has physical custody or claims to have custody of or
visitation rights with any child in this case?
(If yes, provide the following information):Yes
a. Name and address of person
b. Name and address of person
c. Name and address of person
Has physical custody
Has physical custody
Has physical custody
Claims custody rights
Claims custody rights
Claims custody rights
Claims visitation rights
Claims visitation rights
Claims visitation rights
Name of each child Name of each child Name of each child
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 DECLARANT)
7. Number of pages attached:
NOTICE TO DECLARANT: You have a continuing duty to inform this court if you obtain any information about a custody
FL-105/GC-120 [Rev. January 1, 2009]
Page 2 of 2
DECLARATION UNDER UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
4.
6.
No
proceeding in a California court or any other court concerning a child subject to this proceeding.
No
FL-105/GC-120
Proceeding
Proceeding
c.
d.
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
TELEPHONE NO.:
DUTIES OF GUARDIAN
When you are appointed by the court as a guardian of a minor, you become an officer of the court and assume certain
duties and obligations. An attorney is best qualified to advise you about these matters. You should clearly understand the
information on this form. You will find additional information in the Guardianship Pamphlet (for Guardianships of Children
in the Probate Court) (Form GC-205), which is available from the court.
1. GUARDIANSHIP OF THE PERSON
If the probate court appoints you as a guardian of the person for a child, you will be required to assume important
duties and obligations.
a. Fundamental responsibilities - The guardian of the person of a child has the care, custody, and control of
the child. As guardian, you are responsible for providing for food, clothing, shelter, education, and all the
medical and dental needs of the child. You must provide for the safety, protection, and physical and emotional
growth of the child.
Custody - As guardian of the person of the child, you have full legal and physical custody of the child and are
responsible for all decisions relating to the child. The child's parents can no longer make decisions for the
child while there is a guardianship. The parents' rights are suspended—not terminated—as long as a guardian
is appointed for a minor.
Education - As guardian of the person of the child, you are responsible for the child's education. You
determine where the child should attend school. As the child's advocate within the school system, you should
attend conferences and play an active role in the child's education. For younger children, you may want to
consider enrolling the child in Head Start or other similar programs. For older children, you should consider
their future educational needs such as college or a specialized school. You must assist the child in obtaining
services if the child has special educational needs. You should help the child in setting and attaining his or her
educational goals.
Residence - As guardian, you have the right to determine where the child lives. The child will normally live
with you, but when it is necessary, you are allowed to make other arrangements if it is in the best interest of
the child. You should obtain court approval before placing the child back with his or her parents.
As guardian, you do not have the right to change the child's residence to a place outside of California unless
you first receive the court's permission. If the court grants permission, California law requires that you
establish legal guardianship in the state where the child will be living. Individual states have different rules
regarding guardianships. You should seek additional information about guardianships in the state where you
want the child to live.
DUTIES OF GUARDIAN
(Probate)
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
GUARDIANSHIP OF THE
CASE NUMBER:
DUTIES OF GUARDIAN
and Acknowledgment of Receipt
GC-248
MINOR
PERSON ESTATE
OF (Name):
b.
c.
d.
Form Adopted for Mandatory Use
Judicial Council of California
GC-248 [New January 1, 2001]
Page one of five
(Continued on reverse)
ATTORNEY FOR (Name):
FAX NO. (Optional):
E–MAIL ADDRESS (Optional):
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
JUDICIAL SUBPOENA
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Courtat thethe Honorable
located at
County of
o'clock in theday of noon, and at any recessedin room , on the , 20 , at
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you 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.
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
I
Calendar No.
THE PEOPLE OF THE STATE OF NEW YORK
TO
Index No.
,
American LegalNet, Inc.
www.USCourtForms.com
Court in
Witness, Honorable , one of the Justices of the
day of , 20County,
COURT
COUNTY OF
Plaintiff(s)
-against-
Defendant(s)
:
:
:
:
:
:
:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mobile Tel. No.:
GUARDIAN OF (Name): CASE NUMBER:
MINOR
e. Medical treatment - As guardian, you are responsible for meeting the medical needs of the child. In most
cases, you have the authority to consent to the child's medical treatment. However, if the child is 14 years or
older, surgery may not be performed on the child unless either (1) both the child and the guardian consent or
(2) a court order is obtained that specifically authorizes the surgery. This holds true except in emergencies. A
guardian may not place a child involuntarily in a mental health treatment facility under a probate guardianship.
A mental health conservatorship proceeding is required for such an involuntary commitment. However, the
guardian may secure counseling and other necessary mental health services for the child. The law also
allows older and more mature children to consent to their own treatment in certain situations such as
outpatient mental health treatment, medical care related to pregnancy or sexually transmitted diseases, and
drug and alcohol treatment.
f. Community resources - There are agencies in each county that may be helpful in meeting the specific
needs of children who come from conflicted, troubled, or deprived environments. If the child has special
needs, you must strive to meet those needs or secure appropriate services.
g. Financial support - Even when the child has a guardian, the parents are still obligated to financially support
the child. The guardian may take action to obtain child support. The child may also be eligible for Temporary
Aid for Needy Families, TANF (formerly known as AFDC), social security benefits, Veterans Administration
benefits, Indian child welfare benefits, and other public or private funds.
h. Visitation - The court may require that you allow visitation or contact between the child and his or her
parents. The child's needs often require that the parent-child relationship be maintained, within reason.
However, the court may place restrictions on the visits, such as the requirement of supervision. The court
may also impose other conditions in the child's best interest.
Driver's license - As guardian of the person, you have the authority to consent to the minor's application for
a driver's license. If you consent, you will become liable for any civil damages that may result if the minor
causes an accident. The law requires that anyone signing the DMV application obtain insurance to cover the
minor.
i.
Enlistment in the armed services - The guardian may consent to a minor's enlistment in the armed
services. If the minor enters into active duty with the armed forces, the minor becomes emancipated under
California law.
Marriage - For the minor to marry, the guardian and the court must give permission. If the minor enters a
valid marriage, the minor becomes emancipated under California law.
Change of address - A guardian must notify the court in writing of any change in the address of either the
child or the guardian. This includes any changes that result from the child's leaving the guardian's home or
returning to the parent's home. You must always obtain court permission before you move the child to
another state or country.
Court visitors and status reports - Some counties have a program in which ''court visitors'' track and review
guardianships. If your county has such a program, you will be expected to cooperate with all requests of the
court visitor. As guardian, you may also be required to fill out and file status reports. In all counties, you must
cooperate with the court and court investigators.
Misconduct of the child - A guardian, like a parent, is liable for the harm and damages caused by the willful
misconduct of a child. There are special rules concerning harm caused by the use of a firearm. If you are
concerned about your possible liability, you should consult an attorney.
Additional responsibilities - The court may place other conditions on the guardianship or additional duties
upon you, as guardian. For example, the court may require the guardian to complete counseling or parenting
classes, to obtain specific services for the child, or to follow a scheduled visitation plan between the child and
the child's parents or relatives. As guardian, you must follow all court orders.
GC-248 [New January 1, 2001 ]
j.
k.
l.
m.
n.
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DUTIES OF GUARDIAN
(Probate)
Page two of five
(Continued on page three)
GC-248
GUARDIAN OF (Name): CASE NUMBER:
MINOR
p. Termination of guardianship of the person - A guardianship of the person automatically ends when the
child reaches the age of 18, is adopted, marries, is emancipated by court order, enters into active military duty,
or dies. If none of these events has occurred, the child, a parent, or the guardian may petition the court for
termination of guardianship. But it must be shown that the guardianship is no longer necessary or that
termination of the guardianship is in the child's best interest.
2. GUARDIANSHIP OF THE ESTATE
If the court appoints you as guardian of the child's estate, you will have additional duties and obligations. The
money and other assets of the child are called the child's ''estate."' Appointment as guardian of a child's estate
is taken very seriously by the court. The guardian of the estate is required to manage the child's funds, collect
and make an inventory of the assets, keep accurate financial records, and regularly file financial accountings
with the court.
MANAGING THE ESTATE
Prudent investments - As guardian of the estate, you must manage the child's assets with the care of a
prudent person dealing with someone else's property. This means that you must be cautious and may not
make speculative or risky investments.
Keeping estate assets separate - As guardian of the estate, you must keep the money and property of the
child's estate separate from everyone else's, including your own. When you open a bank account for the
estate, the account name must indicate that it is a guardianship account and not your personal account. You
should use the child's social security number when opening estate accounts. You should never deposit estate
funds in your personal account or otherwise mix them with your own funds or anyone else's funds, even for
brief periods. Securities in the estate must be held in a name that shows that they are estate property and not
your personal property.
Interest-bearing accounts and other investments - Except for checking accounts intended for ordinary
expenses, you should place estate funds in interest-bearing accounts. You may deposit estate funds in
insured accounts in federally insured financial institutions, but you should not put more than $100,000 in any
single institution. You should consult with an attorney before making other kinds of investments.
d. Blocked accounts - A blocked account is an account with a financial institution in which money is placed. No
person may withdraw funds from a blocked account without the court's permission. Depending on the amount
and character of the child's property, the guardian may elect or the court may require that estate assets be
placed in a blocked account. As guardian of the estate, you must follow the directions of the court and the
procedures required to deposit funds in this type of account. The use of a blocked account is a safeguard and
may save the estate the cost of a bond.
Other restrictions - As guardian of the estate, you will have many other restrictions on your authority to deal
with estate assets. Without prior court order, you may not pay fees to yourself or your attorney. You may not
make a gift of estate assets to anyone. You may not borrow money from the estate. As guardian, you may not
use estate funds to purchase real property without a prior court order. If you do not obtain the court's
permission to spend estate funds, you may be compelled to reimburse the estate from your own personal
funds and may be removed as guardian. You should consult with an attorney concerning the legal
requirements relating to sales, leases, mortgages, and investment of estate property. If the child of whose
estate you are the guardian has a living parent or if that child receives assets or is entitled to support from
another source, you must obtain court approval before using guardianship assets for the child's support,
maintenance, or education. You must file a petition or include a request for approval in the original petition,
and set forth which exceptional circumstances justify any use of guardianship assets for the child's support.
The court will ordinarily grant such a petition for only a limited period of time, usually not to exceed one year,
and only for specific and limited purposes.
INVENTORY OF ESTATE PROPERTY
f. Locate the estate's property - As guardian of the estate, you must locate, take possession of, and protect
the child's income and assets that will be administered in the estate. You must change the ownership of all
assets into the guardianship estate's name. For real estate, you should record a copy of your Letters of
Guardianship with the county recorder in each county where the child owns real property.
a.
b.
c.
e.
GC-248 [New January 1, 2001 ]
DUTIES OF GUARDIAN
(Probate)
Page three of five
(Continued on reverse)
GC-248
g. Determine the value of the property - As guardian of the estate, you must arrange to have a court-appointed
referee determine the value of the estate property unless the appointment is waived by the court. You—not the
referee—must determine the value of certain ''cash items.'' An attorney can advise you about how to do this.
File an inventory and appraisal - As guardian of the estate, you must file an inventory and appraisal within
90 days after your appointment. You may be required to return to court 90 days after your appointment as
guardian of the estate to ensure that you have properly filed the inventory and appraisal.
INSURANCE
Insurance coverage - As guardian of the estate, you should make sure that there is appropriate and sufficient
insurance covering the assets and risks of the estate. You should maintain the insurance in force throughout
the entire period of the guardianship or until the insured asset is sold.
RECORD KEEPING AND ACCOUNTING
Records - As guardian of the estate, you must keep complete, accurate records of each financial transaction
affecting the estate. The checkbook for the guardianship checking account is essential for keeping records of
income and expenditures. You should also keep receipts for all purchases. Record keeping is critical because
you will have to prepare an accounting of all money and property that you have received, what you have
spent, the date of each transaction, and its purpose. You will also have to be able to describe in detail what is
left after you have paid the estate's expenses.
Accountings - As guardian of the estate, you must file a petition requesting that the court review and approve
your accounting one year after your appointment and at least every two years after that. The court may ask
that you justify some or all expenditures. You should have receipts and other documents available for the
court's review, if requested. If you do not file your accounting as required, the court will order you to do so. You
may be removed as guardian for failure to file an accounting.
Format - As guardian of the estate, you must comply with all state and local rules when filing your accounting.
A particular format is specified in the Probate Code, which you must follow when you present your account to
the court. You should check local rules for any special local requirements.
Legal advice - An attorney can advise you and help you prepare your inventories, accountings, and petitions
to the court. If you have questions, you should consult with an attorney.
3. OTHER GENERAL INFORMATION
Removal of a guardian - A guardian may be removed for specific reasons or when it is in the child's best
interest. A guardian may be removed either on the court's own motion or by a petition filed by the child, a
relative of the child, or any other interested person. If necessary, the court may appoint a successor guardian,
or the court may return the child to a parent if that is found to be in the child's best interest.
Legal documents - For your appointment as guardian to be valid, the Order Appointing Guardian of Minor
must be signed. Once the court signs the order, the guardian must go to the clerk's office, where Letters of
Guardianship will be issued. Letters of Guardianship is a legal document that provides proof that you have
been appointed and are serving as the guardian of a minor. You should obtain several certified copies of the
Letters from the clerk. These legal documents will be of assistance to you in the performance of your duties,
such as enrolling the child in school, obtaining medical care, and taking care of estate business.
Attorneys and legal resources - If you have an attorney, the attorney will advise you on your duties and
responsibilities, the limits of your authority, the rights of the child, and your dealings with the court. If you have
legal questions, you should consult with your attorney. Please remember that the court staff cannot
give you legal advice.
Page four of five
GC-248 [New January 1, 2001 ]
DUTIES OF GUARDIAN
(Probate)
GUARDIAN OF (Name): CASE NUMBER:
MINOR
h.
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m.
a.
b.
c.
(Continued on page five)
GC-248
GUARDIAN OF (Name): CASE NUMBER:
MINOR
If you are not represented by an attorney, you may obtain answers to your questions by contacting
community resources, private publications, or your local law library.
NOTICE: This statement of duties is a summary and is not a complete statement of the law. Your conduct
as a probate guardian is governed by the law itself and not by this summary.
ACKNOWLEDGMENT OF RECEIPT
I acknowledge that I have received a copy of this statement of the duties of the position of guardian.
I have petitioned the court to be appointed as a guardian.1.
2.
Page five of five
GC-248 [New January 1, 2001 ]
DUTIES OF GUARDIAN
(Probate)
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)
Date:
(TYPE OR PRINT NAME)
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF PETITIONER)
(SIGNATURE OF PETITIONER)
GC-248
Print This Form
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Clear This Form
GC-210(CA)
Guardianship Petition—Child Information
Attachment
Fill out a separate copy of this form for each child for whom you want the court to appoint a guardian.
Case Number:
This form is attached to the Petition, item 2 of form GC-210, or
Judicial Council of California
www.courts.ca.gov
Revised July 1, 2012, Mandatory Form
Probate Code, §§ 1449, 1459.5, 1510;
Cal. Rules of Court, rule 7.1015
GC-210(CA), Page 1 of 5
Guardianship of (all children’s names):
This child’s name:
Tell the court about this child
1
Child’s full legal name:
Child’s current address:
Is this child a member of, or eligible for membership in, one or more Indian tribes recognized by the federal
Yes (specify tribe or tribes):No
a.
c.
Date of birth:
First Middle Last Month/Day/Year
No Yesd.
The Petition asks for the appointment of a guardian of this child’s (specify):
person estate person and estate
Is this child married?
married but the marriage was dissolved or ended in divorce? No
Yes
(The court cannot appoint a guardian of the person for a minor child who is married or whose marriage was
dissolved or ended in divorce.)
Never married If you checked “No,” was this child formerly
item 8 of form GC-210(P).
(1)
government?
Not sure
(2)
No
(If you checked “Yes” to item (1), this guardianship case is subject to ICWA. If you checked “Not sure” or
“No” to item (1), answer item (2).)
Custody Proceeding for Indian Child (form ICWA-030), in addition to service of any other notices required
in this case. For information about what is “reason to know whether the child is or may be an Indian child”
and the notice requirement, including who must be served, how to serve them, and how to prove to the court
that you have done so, and how to fill out and file the Notice, see the Information Sheet on Indian Child
Inquiry Attachments and Notice of Child Custody Proceeding For Indian Child (form ICWA-005-INFO).)
Yes
Guardianship Petition—Child Information Attachment
(Probate—Guardianships and Conservatorships)
Do you know or have reason to know (within the meaning of Prob. Code, §§ 1460.2(a), Welf. & Inst.
Code, § 224.3(b), and Cal. Rules of Court, rule 7.1015), whether this child is or may be an Indian child?
b.
(If the Petition to which this form is attached asks for the appointment of a guardian of this child’s estate
only, skip this item 1c, select item a on page 5, and answer the rest of the items in this form. If the Petition
asks for the appointment of a guardian of this child’s person or this child’s person and estate, complete the
steps described here. Ask the child, if he or she is old enough, and the child’s parents or any other legal
guardian, and any Indian custodian, whether the child is or may be an Indian (Native American) child. You may
not rely merely on your own knowledge and belief about the child. If possible, ask these persons before you file
your petition, including this form, so you can use the information you receive to answer questions (1) and (2)
below. Answer those questions, item on page 5, and the rest of the items in this form.)
8
(For more information about your duties concerning a child who is or may be an Indian child involved in a
guardianship of the person under the Indian Child Welfare Act (“ICWA”) (25 U.S.C. § 1901 et seq.) and
California law, including making the inquiry described above and completing this form, see the Information
Sheet on Indian Child Inquiry Attachments and Notice of Child Custody Proceeding For Indian Child
(form ICWA-005-INFO).)
8
(If you checked “Yes” to either item (1) or (2), you must file and serve a Notice of Child
Case Number:
Guardianship of (all children’s names):
GC-210(CA), Page 2 of 5
Revised July 1, 2012
This child’s name:
2
Father
List the names and addresses of this child’s relatives and other persons shown below:
Relationship Name Home Address (Street, City, State, Zip)
Grandmother
(Mother’s mother)
Grandmother
(Father’s mother)
Grandfather
(Mother’s father)
Grandfather
(Father’s father)
Mother
h. (Check this box if this child has been involved in an adoption, juvenile court, marriage dissolution
(divorce), domestic relations, custody, or other similar court case.) Describe the court case below:
Type of Case Court District or County and State Case Number (if known)
(Check this box if this child is in or on leave from an institution supervised by the California Department of
Developmental Services or the California Department of Mental Health.) Write the name of the institution
i.
here:
Tell the court about this child (continued)
1
(Check this box and fill out below if the person the child lives with is not the person with legal custody.)
g.
Name and address of the person this child lives with (has the care of the child):
Is this child receiving public assistance? Unknown (If you checked “Yes,” fill out below.)
Yes
Type of Aid Monthly Benefit Type of Aid
TANF (Temporary Asst. for Needy Families)
Social Security
Dept. Veterans Affairs Benefits
$
Monthly Benefit
Other (explain):
Other (explain): $
$
$
$
e.
f. Name and address of the person with legal custody of this child:
No
Guardianship Petition—Child Information Attachment
(Probate—Guardianships and Conservatorships)
Case Number:
Guardianship of (all children’s names):
This child’s name:
GC-210(CA), Page 3 of 5
Revised July 1, 2012
Name (name all proposed guardians if more than one):
Information about the proposed guardian:
a.
Relationship(s) to the child named in (check all that apply):
1
Relative (specify relationships of all proposed guardians to the child):
Not a relative (explain interest in or connection to this child ):
3
b.
Person nominated
as guardian of this
child
Spouse
(Guardianship of
the estate only)
(Other than a proposed
guardian listed in )
3
2
Names and addresses of this child’s relatives and other persons (continued):
Relationship Name Home Address (Street, City, State, Zip)
(Check here if this child has additional brothers or sisters, including half-brothers and half-sisters, and list
their names and addresses on a separate sheet of paper. Write “Form GC-210(CA),” the name of this child,
and “Item 2:—Other Siblings” at the top of the paper and attach it to this form.)
Brother/Sister
Brother/Sister
Brother/Sister
Brother/Sister
Brother/Sister
Brother/Sister
Brother/Sister
Guardianship Petition—Child Information Attachment
(Probate—Guardianships and Conservatorships)
Case Number:
Guardianship of (all children’s names):
This child’s name:
GC-210(CA), Page 4 of 5
Revised July 1, 2012
6
Suitability for guardianship of this child
Does this child live with the person in now?
If the court approves the guardianship, will this child live with the person in ?
Does the person in plan to adopt this child now?
a.
b.
c.
3
3
3
Yes
Yes
Yes
No
No
No
Your relationship to this child:
Relative (specify):
Not a relative (explain your interest in or connection to this child):
7
Check this box if you (the petitioner) are not the person in , and fill in below.
3
5
Do one or both of this child’s parents agree that the person in can be the child’s guardian?
3
(You may file a filled-out Consent to Appointment of Guardian and Waiver of Notice (form GC-211, item 4)
signed by the child’s parent or parents (or any adult relative listed in ) who agree. The court may excuse you
from having to give notice of the court hearing on your request for appointment of a guardian to a parent or other
relative who signs that form.)
Yes
No
a.
Father:
b. Mother: Yes
No
Not known at this time.
2
Not known at this time.
4
Explain why appointing the person in guardian would be best for this child:
3
(Check here if you need more space. Continue your explanation on a separate sheet of paper. Write “Form
GC-210(CA),” the name of this child, and “Attachment 4:—Best Interest of Child” at the top of the paper and
attach it to this form.)
Guardianship Petition—Child Information Attachment
(Probate—Guardianships and Conservatorships)
The child or the child’s family has received services or benefits from a tribe or services that are
available to Indians from tribes or the federal government, such as the Indian Health Service or
Tribal Temporary Assistance to Needy Families (TANF).
The child is or may be a member of or eligible for membership in a tribe.
The child’s parents, grandparents, or great-grandparents are or were members of a tribe or tribes.
The residence or domicile of the child, the child’s parents, or the child’s Indian custodian is in a
predominantly Indian community.
An Indian child inquiry concerning the child named above:
has been made and the following information was obtained (check all that apply):
a.
(3)
(4)
The child may have Indian ancestry.
The child has no known Indian ancestry.
Other reason or reasons to know the child is or may be an Indian child:
Tribe or tribes:
Band (if applicable):
GC-210(CA), Page 5 of 5
Guardianship Petition—Child Information Attachment
(Probate—Guardianships and Conservatorships)
Revised July 1, 2012
Case Number:
Guardianship of (all children’s names):
This child’s name:
8
is not required; this is a guardianship of the estate only. (If you check this box, skip the rest of item . .)
has not been made or completed for the following reasons (check all that apply):
Petitioner knows the child is an Indian child and has identified the child’s tribe or tribes in item .
Petitioner (or the proposed guardian if he or she is not the petitioner) is the child’s Indian custodian.
1
Petitioner has been unable to communicate with the child’s parents, other legal guardian, or Indian
(Check here if you need more space. Continue your explanation on a separate sheet of paper.
Write “Form GC-210(CA),” the name of this child, and “Attachment 8b(3):—Indian Child
Inquiry” at the top of the paper and attach it to this form.)
c.
(2)
Tribe or tribes:
Band (if applicable):
(5)
(6)
(7)
(8)
(1)
The names, relationships to the child named above, addresses, and telephone numbers, of the persons
interviewed by Petitioner to collect or confirm the information given below, and the date or dates the
interviews took place, are provided on one or more separate sheets of paper attached to this form.
(Write “Form GC-210(CA),” the name of this child, and “Attachment 8c(1):—Indian Child Inquiry”
at the top of each page of paper you attach to this form to complete this item.)
(1)
(2)
(3)
custodian for the following reasons and despite the following efforts to do so (describe):
b.
8
Except as otherwise stated in this form, the statements made in the Petition to which this form is attached fully
apply to this child.
9
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button after you have printed the form.
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CONFIDENTIAL (DO NOT ATTACH TO PETITION)
GC-212
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
GUARDIANSHIP OF
MINOR
CONFIDENTIAL GUARDIAN SCREENING FORM
CASE NUMBER:
PersonGuardianship of
Estate
The proposed guardian must complete and sign this form. The person requesting appointment of a
guardian must submit the completed and signed form to the court with the guardianship petition.
How This Form Will Be Used
This form is confidential and will not be a part of the public file in this case. Each proposed guardian must complete and sign a
separate copy of this form under rule 7.1001 of the California Rules of Court. The information provided will be used by the court and
by persons and agencies designated by the court to assist the court in determining whether to appoint the proposed guardian as
guardian. The proposed guardian must respond to each item.
State:
Work: Other:
2. I am I am not required to register as a sex offender under California Penal Code section 290.
(If you checked "I am," explain in Attachment 2.)
3. I have
4. I have had a restraining order or protective order filed against me in the last 10 years.
(If you checked "I have," explain in Attachment 4.)
5. I am I am not receiving services from a psychiatrist, psychologist, or therapist for a mental health–related issue.
(If you checked "I am," explain in Attachment 5.)
Do you, or does any other person living in your home, have a social worker or parole or probation officer assigned to him or her?
Yes
(If you checked "Yes," explain in Attachment 6 and provide the name and address of each social
worker, parole officer, or probation officer.)
Have you, or has any other person living in your home, been charged with, arrested for, or convicted of any form of child abuse,
Yes
Form Adopted for Mandatory Use
Judicial Council of California
GC-212 [Rev. July 1, 2009]
CONFIDENTIAL GUARDIAN SCREENING FORM
(Probate—Guardianships and Conservatorships)
No
1.
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
Probate Code, § 1516;
Family Code, § 3011;
Cal. Rules of Court, rule 7.1001
www.courtinfo.ca.gov
8.
7.
Page 1 of 2
a.
b.
c.
e.
Proposed guardian (name):
Telephone numbers: Home:
Date of birth:
Social security number:
Driver's license number:
6.
I have not
(Check here if you have been arrested for drug or alcohol-related offenses.)
I have not
been charged with, arrested for, or convicted of a crime deemed to be a felony or a
misdemeanor. (If you checked "I have," explain in Attachment 3.)
neglect, or molestation?
I am I am not aware of any reports alleging any form of child abuse, neglect, or molestation made to any
agency charged with protecting children (e.g., Child Protective Services) or any other law
enforcement agency regarding me or any other person living in my home. (If you checked "I am,"
explain in Attachment 8 and provide the name and address of each agency.)
Have you, or has any other person living in your home, habitually used any illegal substances or abused alcohol?9.
Yes (If you checked "Yes," explain in Attachment 9.)No
This form must remain confidential.
(Name):
d.
No (If you checked "Yes," explain in Attachment 7.)
HEARING DATE AND TIME: DEPT.:
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
CONFIDENTIAL
GUARDIANSHIP OF (Name):
CASE NUMBER:
MINOR
Do you or does any other person living in your home suffer from mental illness?
Yes
(If you checked "Yes," explain in Attachment 11.)
Do you suffer from any physical disability that would impair your ability to perform the duties of guardian?
Yes (If you checked 'Yes," explain in Attachment 12.)
13. I have or may have
14. I have I have not previously been appointed guardian, conservator, executor, or fiduciary in another proceeding.
(If you checked "I have," explain in Attachment 14.)
15. I have I have not been removed as guardian, conservator, executor, or fiduciary in any other proceeding.
(If you checked "I have," explain in Attachment 15.)
I have I have not filed for bankruptcy protection within the last 10 years.
(If you checked "I have," explain in Attachment 19.)
19.
MINORS' CONTACT INFORMATION
School (name):
School telephone: Other telephone:
Minor's name: School (name):
Minor's name: School (name):
Information on additional minors is attached.
DECLARATION
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(SIGNATURE OF PROPOSED GUARDIAN)*(TYPE OR PRINT NAME OF PROPOSED GUARDIAN)
* Each proposed guardian must fill out and file a separate screening form.
CONFIDENTIAL GUARDIAN SCREENING FORM
(Probate—Guardianships and Conservatorships)
GC-212 [Rev. July 1, 2009]
11.
12.
No
No
Page 2 of 2
Have you, or has any other person living in your home, been charged with, arrested for, or convicted of a crime involving illegal
substances or alcohol?
Yes (If you checked "Yes," explain in Attachment 10.)
10.
No
effect on, my ability to faithfully perform the duties of guardian.
(If you checked "I have or may have," explain in Attachment 13.)
I do not have an adverse interest that the court may consider to be a risk to, or to have an
I am I am not
16.
18.
I am I am not
17.
I am I am not a responsible corporate officer authorized to act for (name of corporation):
20.
21.
22.
,
Home telephone:
Home telephone: School telephone:
School telephone:
Other telephone:
Other telephone:
a California nonprofit charitable corporation that meets the requirements for appointment as
guardian of the proposed ward under Probate Code section 2104. I certify that the
corporation's articles of incorporation specifically authorize it to accept appointments as
guardian. (If you checked "I am," explain the circumstances of the corporation's care of,
counseling of, or financial assistance to the proposed ward in Attachment 18.)
Minor's name:
Home telephone:
GC-212
.
a private professional fiduciary, as defined in Business and Professions Code section 6501(f).
(If you checked "I am," respond to item 17. If you checked "I am not," go to item 18.)
currently licensed by the Professional Fiduciaries Bureau of the Department of Consumer
Affairs. My license status and information is stated in item 1 on page 1 of the Professional
Fiduciary Attachment signed by me and attached to the petition that proposes my appointment
as guardian in this matter. (Complete and sign the Professional Fiduciary Attachment and
attach it to the petition, or deliver it to the petitioner for attachment, before the petition is filed.
See item 4d of the petition. Use form GC-210(A-PF)/GC-310(A-PF) for this attachment.)
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
Superior Court of California, County of Ventura
FAMILY COURT SERVICES
HALL OF JUSTICE
800 South Victoria Avenue
Ventura, California 93009
(805) 662-6694
Fax: (805) 654-2240
INFORMATION RELEASE AUTHORIZATION
I/We,_________________________________/_______________________________,
specifically authorize any public agency, private person or medical doctor, psychologist, treating
therapist, or hospital possessing information about me or my minor children, confidential or
otherwise, to release same (including copies) to the Superior Court through its duly appointed
court investigator. Such information to be used as the court may deem fit and proper for
determination of guardianship. This release includes but is not limited to, treatment for drug
and/or alcohol abuse and/or psychiatric treatment, employment records and bank records.
__________________________ _______________________________________
Date Signature of Proposed Guardian
_________________________ _______________________________________
Date Signature of Proposed Co-Guardian
This authorization is effective for one year from the date of signature.
INFORMATION RELEASE AUTHORIZATION
Optional Form
VN043 Rev 7/1/03
Instructions: The person giving
notice must state how notice was
given, where the hearing is to be
held, and what orders are
requested.
If notice is not being given,
please advance to page two of this
form.
SUPERIOR COURT
COUNTY OF VENTURA
STATE OF CALIFORNIA
GUARDIANSHIP QUESTIONNAIRE
(Probate Code Section 15
13)
This information is Confidential and is for the
purpose of determining Guardianship only.
THIS FORM MUST BE COMPLETED AND RETURNED WITH THE PETITION
MINOR’S NAME __________________________________________________ CASE NUMBER _________________
RELATIVE NON-RELATIVE
SECTION 1 – SOCIAL HISTORY
PROPOSED GUARDIAN’S FULL NAME ____________________________________________________________
FORMER/OTHER NAME(S) USED __________________________________________________________________
ADDRESS _______________________________________________________________________________________
OWN RENT OTHER HOW LONG AT PRESENT ADDRESS _______________________________
PREVIOUS ADRESSES FOR PAST 3 YEARS _________________________________________________________
________________________________________________________________________________________________
TELEPHONE #
( ) _________________________________________
AGE ____________ DATE OF BIRTH _______________ PLACE OF BIRTH ________________________________
DRIVER’S LICENSE # ________________________________ STATE LICENSE ISSUED ______________________
LAST GRADE COMPLETED & SPECIAL TRAINING ___________________________________________________
_________________________________________________________________________________________________
HAVE YOU EVER BEEN ARRESTED FOR AN OFFENSE OTHER THAN A MINOR TRAFFIC VIOLATION?
YES NO
IF YES, PLEASE GIVE DATE, PLACE AND DETAILS __________________________________________________
_________________________________________________________________________________________________
DESCRIBE ANY MEDICAL PROBLEMS _____________________________________________________________
_________________________________________________________________________________________________
SPOUSE’S FULL NAME ___________________________________________________________________________
FORMER/OTHER NAMES(S) USED _________________________________________________________________
AGE ____________ DATE OF BIRTH _______________ PLACE OF BIRTH ________________________________
DRIVER’S LICENSE # ________________________________ STATE LICENSE ISSUED ______________________
VN042
CONFIDENTIAL CONFIDENTIAL
Mandatory Form
VN042 Rev. 07/09
GUARDIANSHIP QUESTIONNAIRE
CONFIDENTIAL
Page 1 of 5
Instructions: The person giving notice must state how notice was given, where the
hearing is to be held, and what orders are requested.
If notice is not being given, please advance to page two of this form.
I, ________________________________________, declare:
Minors Name: Case Number:
EDUCATION, LAST GRADE COMPLETED & SPECIAL TRAINING _______________________________________
__________________________________________________________________________________________________
HAS SPOUSE EVER BEEN ARRESTED FOR AN OFFENSE OTHER THAN A MINOR TRAFFIC VIOLATION?
YES NO
IF YES, PLEASE GIVE DATE, PLACE AND DETAILS __________________________________________________
_________________________________________________________________________________________________
DESCRIBE ANY MEDICAL PROBLEMS _____________________________________________________________
_________________________________________________________________________________________________
SECTION II – MARRIAGES
PROPOSED GUARDIAN NEVER MARRIED MARRIED DIVORCED SEPARATED WIDOWED
DATE AND PLACE OF PRESENT MARRIAGE _________________________________________________________
NAMES AND AGES OF CHILDREN __________________________________________________________________
PREVIOUS MARRIAGE(S)
(List all prior marriages. Use additional paper if necessary.)
NAME OF FORMER SPOUSE ________________________________________________________________________
DATE AND PLACE OF MARRIAGE __________________________________________________________________
DATE AND PLACE OF DIVORCE/DEATH ____________________________________________________________
NAMES AND AGES OF CHILDREN FROM FORMER MARRIAGE ________________________________________
____________________________________________________________________________________________________________
SPOUSE’S PREVIOUS MARRIAGE(S)
(List all prior marriages. Use additional paper if necessary.)
NAME OF FORMER SPOUSE ________________________________________________________________________
DATE AND PLACE OF MARRIAGE __________________________________________________________________
DATE AND PLACE OF DIVORCE/DEATH ____________________________________________________________
NAMES AND AGES OF CHILDREN FROM FORMER MARRIAGE ________________________________________
____________________________________________________________________________________________________________
SECTION III- EMPLOYMENT
PROPOSED GUARDIAN – NAME AND ADDRESS OF EMPLOYER ______________________________________
__________________________________________________________________________________________________
TELEPHONE # ( ) ___________________________________LENGTH OF SERVICE ______________________
POSITION _____________________________________________SUPERVISOR ______________________________
DAYS AND HOURS OF WORK ___________________________ INCOME __________________________________
Mandatory Form
VN042 Rev. 07/09
GUARDIANSHIP QUESTIONNAIRE
CONFIDENTIAL
Page 2 of 5
Page one of two
Minors Name: Case Number:
OTHER SOURCE OF INCOME _________________________________________ AMOUNT ____________________
SPOUSE – NAME AND ADDRESS OF EMPLOYER _____________________________________________________
__________________________________________________________________________________________________
TELEPHONE #
( ) _________________________________ LENGTH OF SERVICE ______________________
POSITION _____________________________________________SUPERVISOR ______________________________
DAYS AND HOURS OF WORK ___________________________ INCOME __________________________________
SECTION IV - OTHER MEMBERS OF HOUSEHOLD
NAME DATE OF BIRTH RELATIONSHIP SCHOOL/OCCUPATION
________________________________ ______________ __________________ ___________________________
________________________________ ______________ __________________ ___________________________
________________________________ ______________ __________________ ___________________________
________________________________ ______________ __________________ ___________________________
SECTION V - CHILD(REN) BEING PLACED UNDER GUARDIANSHIP
NAME ________________________________________________ AGE ___________ DOB ______________________
RELATIONSHIP _______________________ HOW AND WHEN DID PROPOSED GUARDIAN GET PHYSICAL
CUSTODY OF CHILD? _____________________________________________________________________________
SCHOOL __________________________ TEACHER ___________________________________ GRADE __________
DOCTOR _________________________________________ TELEPHONE # ( ) __________________________
MEDICAL PROBLEMS/SPECIAL NEEDS _____________________________________________________________
NAME ________________________________________________ AGE ___________ DOB ______________________
RELATIONSHIP _______________________ HOW AND WHEN DID PROPOSED GUARDIAN GET PHYSICAL
CUSTODY OF CHILD?_____________________________________________________________________________
SCHOOL __________________________ TEACHER ___________________________________ GRADE __________
DOCTOR _________________________________________ TELEPHONE #
( ) _________________________
MEDICAL PROBLEMS/SPECIAL NEEDS _____________________________________________________________
NAME ________________________________________________ AGE ___________ DOB ______________________
RELATIONSHIP _______________________ HOW AND WHEN DID PROPOSED GUARDIAN GET PHYSICAL
CUSTODY OF CHILD ?_____________________________________________________________________________
Mandatory Form
VN042 Rev. 07/09
GUARDIANSHIP QUESTIONNAIRE
CONFIDENTIAL
Page 3 of 5
SCHOOL __________________________ TEACHER ___________________________________ GRADE __________
DOCTOR _________________________________________ TELEPHONE #
( ) ___________________________
MEDICAL PROBLEMS/SPECIAL NEEDS _____________________________________________________________
CHILD CARE PROVIDER __________________________________________ TELEPHONE #
( )______________
ADDRESS ________________________________________________________ DAYS/TIME ____________________
WHY IS GUARDIANSHIP NECESSARY? _____________________________________________________________
__________________________________________________________________________________________________
HOW LONG WILL GUARDIANSHIP BE NECESSARY ? _________________________________________________
WHAT ARE YOUR FUTURE PLANS FOR THE CHILD(REN) ?____________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
SECTION VI
– ESTATE
PLEASE INDICATE THE SOURCE OF THE MONEY OR PROPERTY (I.E., INHERITANCE, GIFT, ETC.)
(INCLUDE COPY OF WILL) _________________________________________________________________________
__________________________________________________________________________________________________
MONEY VALUE _______________________PERSONAL PROPERTY VALUE _______________________________
WHERE WILL MONIES BE PLACED AND HOW HANDLED? (I.E. BLOCKED BANK ACCOUNT) _____________
__________________________________________________________________________________________________
DOES CHILD (REN) HAVE MONEY IN THEIR OWN ACCOUNT?
YES NO OR HELD JOINTLY? YES NO
INDICATE AMOUNT AND NAMES ON JOINT ACCOUNTS _____________________________________________
IS MINOR(S)’S NAME ON DEED TO REAL PROPERTY, STOCKS, BONDS? YES NO VALUE _________
SECTION VII – BIRTH PARENTS
MOTHER’S NAME ___________________________________________ DATE OF BIRTH _____________________
ADDRESS ________________________________________________________________________________________
DOES MOTHER AGREE WITH GUARDIANSHIP? YES NO
TELEPHONE # ( )__________________
FATHER’S NAME ___________________________________________ DATE OF BIRTH _____________________
ADDRESS ________________________________________________________________________________________
DOES FATHER AGREE WITH GUARDIANSHIP? YES NO TELEP
HONE # ( ) _________________
Minors Name: Case Number:
Mandatory Form
VN042 Rev. 07/09
GUARDIANSHIP QUESTIONNAIRE
CONFIDENTIAL
Page 4 of 5
HAVE THE BIRTH PARENTS MADE YOU AWARE OF THEIR PLANS FOR THE CHILDREN? YES NO
IF YES, EXPLAIN __________________________________________________________________________________
__________________________________________________________________________________________________
DO YOU BELIEVE THAT EITHER PARENT IS UNFIT TO HAVE CUSTODY? YES NO
IF YES, EXPLAIN __________________________________________________________________________________
__________________________________________________________________________________________________
SECTION VIII – NOTIFICATION
HAVE THE FOLLOWING RELATIVES BEEN NOTIFIED OF THE PETITION FOR GUARDIANSHIP PURSUANT
TO PROBATE CODE SECTION 1511?
MOTHER YES NO FATHER YES NO
MATERNAL GRANDFATHER YES NO PATERNAL GRANDFATHER YES NO
MATERNAL GRANDMOTHER YES NO PATERNAL GRANDMOTHER YES NO
ADULT SIBLINGS YES NO
IF NO EXPLAIN WHY ______________________________________________________________________________
__________________________________________________________________________________________________
DO ANY OF THE ABOVE RELATIVES OBJECT TO THE GUARDIANSHIP? WHO? _________________________
__________________________________________________________________________________________________
PLEASE INCLUDE COPY OF CHILD(REN)’S BIRTH CERTIFICATE(S)
.
I declare, under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
________________________________ _________________________________________
Date Petitioner’s signature
-COURT USE ONLY –
CLETS CHECK _____________________ ________________________________
Date Clerk
CPS CHECK _____________________ ________________________________
Date Clerk
VISION CHECK _____________________ ________________________________
Date Clerk
Minors Name: Case Number:
Mandatory Form
VN042 Rev. 07/09
GUARDIANSHIP QUESTIONNAIRE
CONFIDENTIAL
Page 5 of 5
Superior Court of California
County of Ventura
Family Court Services
PO BOX 6489
800 SOUTH VICTORIA AVENUE
ROOM 307
(805) 662-6694
VENTURA CA 93009
FAX (805) 654-2240
RELEASE OF MEDICAL INFORMATION
I,
,legal guardian of
Guardian
Child's Name
grant permission for
Doctor and Clinic Name and
Clinic Address
Clinic Telephone
to release information about the health and well being of the ward to the Ventura Superior Court.
Date:
Guardian's Signature
Guardian's printed name
THE SECTION BELOW WILL BE COMPLETED BY THE HEALTH CARE REPRESENTATIVE
MEDICAL INFORMATION
Case Number
Medical Number:
Child's Name:
Date of Birth:
Guardian:
When was your last appointment with the child?
How often have you seen the child in the past year?
Does the child have any conditions which require regular treatment?
Is the child current on recommended vaccinations?
If not, which are overdue?
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Page 1 of 2
Mandatory Form
VN132 [Rev. 01/01/02]
MEDICAL INFORMATION
How would you rate the child's general health?
Does the child have any special needs?
Does the child have any special problems?
Do you have any observations or additional comments regarding the caretaker's (parent,
grandparent, or relative) history of responsiveness to the medical needs of the child(ren)?
Additional remarks
Name of person filling out form:
Title:
Signature:
Date:
MEDICAL INFORMATION
Page 2 of 2
Mandatory Form
VN132 [Rev. 01/01/02]
Superior Court of California
County of Ventura
Family Court Services
PO BOX 6489
800 SOUTH VICTORIA AVENUE
ROOM 307
VENTURA CA 93009
(805) 662-6694
FAX (805) 654-2240
RELEASE OF SCHOOL INFORMATION
I ___________________________________________ , guardian of _______________________________________
Guardian's Name Child's Name
grant permission for __________________________________________________ to release information about the
Name of School Official or School
health and well-being of the child under guardianship to the Ventura County Superior Court.
____________________________ ____________________________________________
Date Guardian's Signature
____________________________________________
Guardian's Printed Name
THE SECTION BELOW WILL BE COMPLETED BY THE SCHOOL REPRESENTATIVE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SCHOOL INFORMATION
Case No.: _______________________
_______________________________________________ ___________________________________________
Child's name and age Guardian's name
_______________________________________________ ___________________________________________
Address City State Zip
Name of School: ________________________________________________________________________________
Address of School: __________________________________________________ Phone: ____________________
Student's grade level: ____________________________________________ Grade Point Average: ____________
Name of Teacher/Counselor: ______________________________________________________________________
How would you describe the student's attendance record? _______________________________________________
______________________________________________________________________________________________
Describe the student's areas of strength and weakness: _________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
VN133
RELEASE OF SCHOOL INFORMATION
Mandatory Form
VN133 (Rev. 07/12)
Page 1 of 2
SCHOOL INFORMATION
How would you rate the student's general social conduct and adjustment? ___________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Does the student have any special needs? (Please describe) _____________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
If yes, what has the school done to address these needs? _________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Does the student have any special problems? _________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Is the student receiving additional academic or counseling support? Please describe: __________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Does the student appear properly attired and groomed for school? _________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Do you have any observations or additional comments regarding the caretaker's (parent, grandparent, or relative) history
of responsiveness to the social/academic needs of the child(ren)? _________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
What further follow up would you recommend? ________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_____________________________________________ _________________________________________
Name of person filling out form Title of person filling out form
_____________________________________________ _________________________________________
Signature of person filling out form Date of signature
Please enclose a photocopy of the most recent grades and immunization record
VN133
RELEASE OF SCHOOL INFORMATION
Mandatory Form
VN133 (Rev. 07/12)
Page 2 of 2
CONSENT OF PROPOSED GUARDIAN, NOMINATION OF GUARDIAN,
AND CONSENT TO APPOINTMENT OF GUARDIAN AND WAIVER OF NOTICE
CONSENT OF PROPOSED GUARDIAN
I consent to serve as guardian of the
person
estate of the minor.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF PROPOSED GUARDIAN)
NOMINATION OF GUARDIAN
I am a parent of the minor a donor of a gift to the minor. I nominate (name and address):
estate of the minor.personas guardian of the
estate of the minor.personas guardian of the
Date:
(SIGNATURE)
(TYPE OR PRINT NAME)
CONSENT TO APPOINTMENT OF GUARDIAN AND WAIVER OF NOTICE
I consent to appointment of the guardian as requested in the Petition for Appointment of Guardian of Minor, filed on
(SIGNATURE)
(SIGNATURE)
(SIGNATURE)
Continued on Attachment 4.
Form Adopted for Mandatory Use
Judicial Council of California
GC-211 [Rev. January 1, 2004]
1.
2.
3.
4.
Probate Code, §§ 1204,
1500–1502
The guardian of the person of a minor child has full legal and physical custody until the child becomes
an adult or is adopted, the court changes guardians, or the court terminates the guardianship.
Parents or other interested persons must petition the court to terminate the guardianship. The court
will not do so unless the judge decides that termination would be in the child's best interest.
I am a parent of the minor a donor of a gift to the minor. I nominate (name and address):
NOTICE:
Page 1 of 1
FOR COURT USE ONLY
CASE NUMBER:
GC-211
PERSON ESTATE OF (Name):GUARDIANSHIP OF THE
CONSENT OF PROPOSED GUARDIAN
NOMINATION OF GUARDIAN
CONSENT TO APPOINTMENT OF GUARDIAN AND WAIVER OF NOTICE
(TYPE OR PRINT NAME)DATE
(TYPE OR PRINT NAME)DATE
(TYPE OR PRINT NAME)DATE
RELATIONSHIP TO MINOR
RELATIONSHIP TO MINOR
RELATIONSHIP TO MINOR
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
(date):
notice of any request for independent powers contained in it. I waive timely receipt of a copy of the petition.
. I am entitled to notice in this proceeding, but I waive notice of hearing of the petition, including
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
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Short Title: Docket No.
NOTICE OF APPEARANCE
Appearance for (provide name of party):
Status of Party:
Appellant/Petitioner
Cross-Appellee/Cross Respondent
Appellee/Respondent
Cross-Appellant/Cross-Petitioner
Other (Specify):
An attorney will argue this appeal.
Name of attorney who will argue appeal, if other than counsel of record:
Date of arguing attorney’s admission to this Court (month, day, year):
Other Federal/State Bar admissions: (month, day, year):
I am a pro se litigant who is not an attorney.
TIME REQUEST
Oral argument is not desired.
Oral argument is desired. Party requests minutes or multi-co-parties
request a total of minutes to be apportioned as follows:
If more than 20 minutes per side is requested, set forth reasons:
AVAILABILITY OF COUNSEL/PRO SE LITIGANT
I understand that the person who will argue the appeal must be ready at any time during or after the week of argument
I know of no dates which would be inconvenient.
COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE
TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON
UNAVAILABILITY.
RELATED CASES
This case has not been before this Court previously.
This case has been before this Court previously. The short title, docket number and citation are:
Matters related to this appeal or involving the same issue have been or presently are before this Court. The short
titles, docket numbers and citations are:
Signature of counsel of record or pro se litigant: Signature of counsel who will argue
the appeal, if different:
Type or Print Name
Type or Print Name
Name of Firm:
Address:
Date: Date:Telephone: Telephone:
July 2000
(
(
(
(
(
(
(
(
(
(
(
(
(
(
I am an incarcerated pro se litigant.
which appears on the scheduling order.
included religious holidays.
I request that the argument of this appeal not be calendared for the following dates, which are inconvenient. I have
)
)
)
)
)
)
)
)
)
)
)
)
)
)
( )
( )
( )
Intervenor
Amicus Curiae
American LegalNet, Inc. www.USCourtForms.com
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GC-020
GUARDIANSHIP CONSERVATORSHIP OF THE
(PROPOSED) CONSERVATEEMINOR
CASE NUMBER:
NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP
This notice is required by law.
This notice does not require you to appear in court, but you may attend the hearing if you wish.
You may refer to documents on file in this proceeding for more information. (Some documents filed with the court are confidential.
Under some circumstances you or your attorney may be able to see or receive copies of confidential documents if you file papers
in the proceeding or apply to the court.)
A HEARING on the matter will be held as follows:
Date:
Room:
Dept.:
Time:
same as noted above is (specify):Address of court
NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP
(Probate—Guardianships and Conservatorships)
Probate Code, §§ 1264,
1460–1469, 1511, 1822
www.courtinfo.ca.gov
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
Form Adopted for Mandatory Use
Judicial Council of California
GC-020 [Rev. July 1, 2005]
PERSON ESTATE
OF (Name):
NOTICE is given that (name):
(representative capacity, if any):
1.
has filed (specify):
2.
3.
4.
a.
b.
Page 1 of 2
The petition includes an application for the independent exercise of powers by a guardian or conservator under
Probate Code section 2108 Probate Code section 2590.
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are
available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for
Accommodations by Persons with Disabilities and Order (form MC-410). (Civil Code section 54.8.)
specified below
specified in Attachment 3.
Powers requested are
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JUDICIAL SUBPOENA
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Courtat thethe Honorable
located at
County of
o'clock in theday of noon, and at any recessedin room , on the , 20 , at
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you 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.
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
I
Calendar No.
THE PEOPLE OF THE STATE OF NEW YORK
TO
Index No.
,
American LegalNet, Inc.
www.USCourtForms.com
Court in
Witness, Honorable , one of the Justices of the
day of , 20County,
COURT
COUNTY OF
Plaintiff(s)
-against-
Defendant(s)
:
:
:
:
:
:
:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mobile Tel. No.:
CASE NUMBER:
GUARDIANSHIP
MINOR (PROPOSED) CONSERVATEE
PROOF OF SERVICE BY MAIL
I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred.
My residence or business address is (specify):
I served the foregoing Notice of Hearing—Guardianship or Conservatorship on each person named below by enclosing a copy in
an envelope addressed as shown below AND
placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary
business practices. I am readily familiar with this business's practice for collecting and processing correspondence
for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.
3.
Date mailed: Place mailed (city, state):
5.
I served with the Notice of Hearing—Guardianship or Conservatorship a copy of the petition or other document referred to in
the Notice.
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 OF PERSON COMPLETING THIS FORM)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
Continued on an attachment. (You may use form DE-120(MA)/GC-020(MA) to show additional persons served.)
GC-020 [Rev. July 1, 2005]
Page 2 of 2
(SIGNATURE OF PERSON COMPLETING THIS FORM)
CONSERVATORSHIP OF THE PERSON ESTATE
OF (Name):
a. depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4
with the postage fully prepaid.
a. b.
NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP
(Probate—Guardianships and Conservatorships)
1.
2.
4.
Name of person served
Address (number, street, city, state, and zip code)
1.
2.
3.
4.
b.
A copy of this Notice of Hearing—Guardianship or Conservatorship ("Notice") must be "served" on—delivered to—each person who
has the right under the law to be notified of the date, time, place, and purpose of a court hearing in a guardianship or conservatorship.
Copies of this Notice may be served by mail in most situations. In a guardianship, however, copies of this Notice must sometimes be
personally served on certain persons; and copies of this Notice may be personally served instead of served by mail in both
guardianships and conservatorships. The petitioner (the person who requested the court hearing) may not personally perform
either service by mail or personal service, but must show the court that copies of this Notice have been served in a way the law
allows. The petitioner does this by arranging for someone else to perform the service and complete and sign a proof of service,
which the petitioner then files with the original Notice.
NOTE: *
*
(This Note replaces the clerk's certificate of posting on prior versions of this form. If notice by posting is desired, attach a copy of
form GC-020(C), Clerk's Certificate of Posting Notice of Hearing—Guardianship or Conservatorship. (See Prob. Code, § 2543(c).)
This page contains a proof of service that may be used only to show service by mail. To show personal service, each person who
performs the service must complete and sign a proof of personal service, and each signed copy of that proof of service must be
attached to this Notice when it is filed with the court.. You may use form GC-020(P) to show personal service of this Notice.
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GC-205 GUARDIANSHIP PAMPHLET (California)

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Completed 25 January 2021

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