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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
DE-350/GC-100
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:
ESTATE OF (Name):
EX PARTE
PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE
CASE NUMBER:
DECEDENT
CONSERVATEE
MINOR
NOTE: This form is for use in proceedings under the Probate Code, except a request for court approval of (1) the compromise of a
minor's disputed claim, (2) the compromise of an action to which a minor or a person with a disability is a party, or (3) disposition of
the proceeds of a judgment in favor of a minor or person with a disability. (See Prob. Code, §§ 3600–3613.) A person seeking the
appointment of a guardian ad litem in a civil proceeding should use form CIV-010. A person seeking the appointment of a guardian
ad litem in a family law proceeding should use form FL-935. A person may not act as a guardian ad litem unless he or she is an
attorney or is represented by an attorney. A guardian ad litem is NOT the same as a guardian of the person or estate of a minor.
is
1.
Petitioner (name):
a.
b.
c.
d.
e.
personal representative of the estate of:
guardian of:
conservator of:
trustee of:
other interested person (specify capacity):
2.
This petition seeks the appointment of the following person as guardian ad litem (state name, address, and telephone number):
3.
The guardian ad litem is to represent the interests of the following person (state name, address, and telephone number):
a.
b.
c.
d.
e.
c.
d.
e.
f.
4.
The person to be represented is
a minor (date of birth):
a person with a disability (within the meaning of Prob. Code, § 3603).
an unborn person.
an unascertained person.
a person whose identity or address is unknown.
a designated class of persons who are not ascertained or are not in being.
5.
f.
Appointment of a guardian ad litem arises out of issues regarding
a.
b.
the execution of a disclaimer under Probate Code section 277 (specify details in Attachment 5a).
the representation of the interests of a spouse alleged to lack legal capacity (Probate Code, §§ 3112 and 3140) (specify
details in Attachment 5b).
the consent to modification or termination of trust (Probate Code, § 15405) (specify details in Attachment 5c).
the approval and settlement of claims against a deceased settlor (Probate Code, § 19029) (specify details in Attachment
5d).
the representation of a minor, incapacitated person, or other person identified in Probate Code section 1003(a) in a
proceeding under the Probate Code (Probate Code, § 1003(a)) (specify details in Attachment 5e).
other (specify in Attachment 5f).
Page 1 of 2
Probate Code, § 1003
Form Adopted for Mandatory Use
Judicial Council of California
DE-350/GC-100 [Rev. January 1, 2008]
PETITION FOR APPOINTMENT OF
GUARDIAN AD LITEM—PROBATE
(Probate—Decedent's Estates, and Guardianships and Conservatorships)
a.
b.
a.
b.
a.
b.
Date:
Date:
Date:
ESTATE OF (Name):
CASE NUMBER:
6. The appointment of a guardian ad litem is
DECEDENT
CONSERVATEE
MINOR
proper because the minor has no guardian of his or her estate.
necessary for the following reasons (specify reasons. Continue in Attachment 6b if necessary):
7. The proposed guardian ad litem's relationship to the person he or she is representing is
related (state relationship):
not related (specify capacity):
8.
The proposed guardian ad litem is fully competent and qualified to understand and protect the rights of the person he or she is
representing as explained in Attachment 8 and has no interest adverse to the interests of that person.
9. Notice of this proceeding
will be given to the parties named in Attachment 9a.
should be dispensed with for the following reasons (specify reasons for ex parte request. Continue in Attachment 9b if
necessary):
10.
Number of pages attached:
(TYPE OR PRINT NAME)
(SIGNATURE OF ATTORNEY)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(TYPE OR PRINT NAME)
(SIGNATURE OF PETITIONER)
I consent to the appointment as guardian ad litem and I declare under penalty of perjury under the laws of the State of California that
the foregoing petition is true and correct.
CONSENT TO ACT AS GUARDIAN AD LITEM
(TYPE OR PRINT NAME)
(SIGNATURE OF PROPOSED GUARDIAN)
CONSENT OF MINOR 12 YEARS OF AGE OR OLDER (Optional)
, am (specify age):
years of age and hereby
to be my guardian ad litem to represent my interests
I, (name):
nominate (name):
for the reasons set forth in items 5 and 6 of this petition.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF MINOR 12 YEARS OF AGE OR OLDER)
DE-350/GC-100 [Rev. January 1, 2008]
Page 2 of 2
PETITION FOR APPOINTMENT OF
GUARDIAN AD LITEM—PROBATE
(Probate—Decedent's Estates, and Guardianships and Conservatorships)
Petition for Appointment of Guardian Ad Litem—Probate
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- Sourced from selfhelp.courts.ca.gov (2023-03)
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