Fresno — Petition for Temporary Guardianship of the Estate or Person and Estate Packet

Source: https://www.fresno.courts.ca.gov/system/files/forms-and-filings/5-petition-temporary-guardianship-estate-or-person-and-estate-packet.pdf

Sparse pages use OCR; original PDF remains authoritative.

Temporary Guardianship of the Estate or Person and Estate Packet The forms in this packet may be used to request or petition the Court for a temporary guardianship of an estate or a temporary guardian of a person and estate. These forms must be filed in conjunction with the corresponding petition. To Petition for Temporary Guardianship of the Estate or Person and Estate:

• Complete all of the Mandatory Forms included in this packet in addition to all of the Mandatory Forms in the Guardianship of the Person Packet.
• Once you have completed and reviewed the packet, make two (2) photocopies of all documents (every page), staple each document separately. Place the copies of each document in order behind the corresponding original.
• Bring the completed originals from both packets (Temporary Guardianship of the Person and Guardianship of the Person) and two (2) photocopies to the Probate Clerk's Office at the B.F. Sisk Courthouse, 3rd Floor
• The Probate Clerk will file your originals, once filed, your copy will have the case number and hearing date filled in.

• Someone over 18 years of age and not party to the case (not you) must personally serve or hand-deliver a copy of the Petition, all of the attachments, a Notice of Hearing and the Comparison of Guardians with Other Nonparent Caregivers (GC-207) to the parents and to the child if they are age 12 or older.

• You will also need to have all grandparents and any siblings of the child that are age 12 or older served with copies. They can be served by mail.
• Service must be completed at least 5 days before your hearing date, if a hearing is set by the Court.

• The person who serves the documents for you must fill out and sign the proof of service on the Notice of Hearing. Then bring the Notice of Hearing back to the Probate Clerk's Office with the proof(s) filled out. This must be filed before your hearing date. Mandatory Forms Checklist: a Petition for Appointment of Guardian of Minor and required attachments (obtained from the Guardianship of the Person Packet a Petition for Appointment of Temporary Guardian of the Person (GC-110) a Notice of Hearing - Guardianship or Conservatorship (GC-020) a Proof of Personal Service of Notice of Hearing - Guardianship or Conservatorship (GC-020(P)) o Order Appointing Temporary Guardian of Minor (GC-140) a Letters of Temporary Guardianship (GC-150)

GC-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno street appress: 1130 O Street MAILING ADDRESS: city aND zip cope: Fresno, CA. 93724 BRANCH NAME: Probate Division TEMPORARY GUARDIANSHIP OF (Name): CASE NUMBER: MINOR HEARING DATE: PETITION FOR APPOINTMENT OF TEMPORARY GUARDIAN [] Person* [] Estate* [__] Person and Estate* DEPT.: TIME:

1. Petitioner (name each): requests that a. (Name): (Address and telephone number): be appointed temporary guardian of the PERSON of the minor and Letters issue upon qualification. b. (Name): (Address and telephone number): be appointed temporary guardian of the ESTATE of the minor and Letters issue upon qualification. c. (1) [] bond not be required because petition is for a temporary guardianship of the person only. (2) [] bond not be required for the reasons stated in attachment 1c. (3) J $ 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).) (4)C J $ in deposits in a blocked account be allowed. Receipts will be filed. (Specify institution and location): da CJ a request for an exception to notice of the hearing on this petition for good cause is filed with this petition. e. [] the powers specified in attachment 1¢ be granted in addition to the powers provided by law. f. LJ other orders be granted (specify in attachment 1).
2. The minor is (name): Current address: Current telephone no.:
3. The minor requires a temporary guardian to [] provide for temporary care, maintenance, and support [] protect property from loss or injury because (facts are [—] specified in attachment 3 [__] as follows): *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. Page 1 of 2 ‘Mandatory Use instead of Porm GC-1 10) PETITION FOR APPOINTMENT OF Cal Rules of Cour niles 7-104, 71012 Judicial Council of Califomia TEMPORARY GUARDIAN , www. courtinfo.ca.gov GC2110)[Rev. uly, 2008] (Probate—Guardianships and Conservatorships)

GC-110 TEMPORARY GUARDIANSHIP OF CASE NUMBER: (Name): MINOR 3. [] (Facts supporting appointment of a temporary guardian (continued)): 4. Temporary guardianship is required a CJ] pending the hearing on the petition for appointment of a general guardian. b. C] pending the appeal under Probate Code section 1301. c. LJ during the suspension of powers of the guardian. 5. L__] Character and estimated value of the property of the estate (complete if a temporary guardianship of the estate or person and estate is requested): a. Personal property: $ b. Annual gross income from all sources, including real and personal property, wages, pensions, and public benefits: $ c. Additional amount for cost of recovery on the bond, calculated as required under Cal. Rules of Court, rule 7.207(c): $ d. Total: $ 6. Petitioner believes the minor [_] will [-] willnot attend the hearing. 7. All attachments to this form are incorporated by this reference as though placed here in this form. There are pages attached to this form. Date: > (SIGNATURE OF ATTORNEY’)

• (Signature of all petitioners also required (Prob. Code, § 1020).)

| 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) 60-110 Rev. July 1, 2008) PETITION FOR APPOINTMENT OF Page 2 0f 2 TEMPORARY GUARDIAN (Probate—Guardianships and Conservatorships)

GC-020 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREETADDRESS: ] 130 O Street MAILING ADDRESS: city ano zip cove: Fresno, CA. 93724 BRANCH NAME: Probate Division [-] GuarDIANSHIP [] CONSERVATORSHIP OFTHE [_] PERSON [] ESTATE OF (Name): [] minor [__] (PROPOSED) CONSERVATEE 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.

1. NOTICE is given that (name): (representative capacity, if any): has filed (specify):
2. 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.)
3. [] 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. Powers requested are [_] specified below [ ] specified in Attachment 3.
4. AHEARING on the matter will be held as follows: Dept.: 97A [-] Room: a. Date: Time: 9:00 a.m. b. Address of court [__] same as noted above is (specify): Traffic Courthouse 2317 Tuolumne Street Fresno, CA. 93721 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.)

Probate Code, §§ 1264, Form Adopted for Mandatory Use = NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP Probate Code, $§ 1264, Judicial Council of California . . x GC-020 [Rev. July 1, 2005] (Probate—Guardianships and Conservatorships) www. courtinfo.ca.gov

[-_] cuarpiansHip ~[] CONSERVATORSHIP OFTHE [] PERSON [] ESTATE | CASENUMBER: OF (Name): [--] minor [] (PROPOSED) CONSERVATEE NOTE: * 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. 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.

• (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).) PROOF OF SERVICE BY MAIL

1. 1am over the age of 18 and not a party to this cause. | am a resident of or employed in the county where the mailing occurred. My residence or business address is (specify):
2. | 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 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. b. [] placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. | 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. a. Date mailed: b. Place mailed (city, state):
4. [_] | served with the Notice of Hearing—Guardianship or Conservatorship a copy of the petition or other document referred to in the Notice.

| 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) (SIGNATURE OF PERSON COMPLETING THIS FORM) NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED Name of person served Address (number, street, city, state, and zip code) 1. 2. 3. 4. [__] 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] NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP Pegeat2 (Probate—Guardianships and Conservatorships)

GC-020(P) [] GUARDIANSHIP [] CONSERVATORSHIP OF THE []PERSON [] ESTATE | CASE NUMBER: OF (Name): [-] MINoR [__] (PROPOSED) CONSERVATEE PROOF OF PERSONAL SERVICE OF NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP (Attach a separate completed and signed copy of this form or other proof of personal service to Notice of Hearing-Guardianship or Conservatorship for each person who personally served a copy of the Notice.)

1. | am over the age of 18 and not a party to this cause.
2. | served the attached Notice of Hearing—Guardianship or Conservatorship by personally delivering a copy to each person listed below at the address and on the date and time indicated below.
3. [_] | served with the attached Notice of Hearing—Guardianship or Conservatorship a copy of the petition or other document referred to in the Notice.
4. [_] | served with the attached Notice of Hearing—Guardianship or Conservatorship copies of the following documents (specify): [__] Continued on Attachment 4.
5. lam (check all that apply): . [] not a registered California process server. . [] a California sheriff or marshal. . [-] a registered California process server. . [_] anemployee or independent contractor of a registered California process server. . [-] exempt from registration (Bus. & Prof. Code, § 22350(b)).
6. My name, address, telephone number, and, if applicable, county of registration and number, are (specify): egoaog#ssn». NAME OF EACH PERSON PERSONALLY SERVED, ADDRESS WHERE SERVED, AND DATE AND TIME SERVICE WAS MADE Name Address where served (number, street, city, and state) Date and time service made
7. Date: Time:
8. Date: Time:
9. Date: Time:
10. Date: Time: [-] List of names and addresses of persons personally served by the undersigned continued on an attachment. (You may use Attachment to Notice of Hearing Proof of Personal Service, form DE-120(PA)/GC-020(PA), for this purpose.)

| declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)

California that the foregoing is true and correct. | certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE)

Form Approved for Optional Use PROOF OF PERSONAL SERVICE OF NOTICE OF HEARING— Probate Coda, Bf 1218, 1284, Go-nane) New ee GUARDIANSHIP OR CONSERVATORSHIP www. courts.ca.gov (Probate—Guardianships and Conservatorships) For your protection and privacy, please press the Clear This Form button after you have printed the form. | Print this form | | Save this form | Clear this form

GC-140 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS: 1130 O Street MAILING ADDRESS: CITY AND ZIP CODE: Fresno, CA. 93724 BRANCH NAME: Probate Division (Name): TEMPORARY GUARDIANSHIP OF THE [] PERSON [] ESTATE OF MINOR ‘CASE NUMBER: ORDER APPOINTING TEMPORARY GUARDIAN WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.

1. The petition for appointment of a temporary guardian came on for hearing as follows (check boxes c-/ to indicate personal presence): a. Judicial officer (name): nooooooooo THE C
2. a. ° a b. c d e. f. g. h. i. j. k. I. E COU a b. UU . Hearing date: Time: [_] Dept: [J Room: Petitioner (name): Attorney for petitioner (name): Minor (name): Attorney for minor (name): Minor’s parents (names): Attorney for minor's parents (names): Person with valid visitation order (name): Attorney for person with valid visitation order (name): Public Guardian (name): Attorney for Public Guardian (name): T FINDS Notice of the time and place of hearing has been given as required by law. Notice of the time and place of hearing [] hasbeen [] should be dispensed with for (names):
3. It is necessary that a temporary guardian be appointed to [] provide for temporary care, maintenance, and support {] protect property from loss or injury [J pending the hearing on the petition for appointment of a general guardian. [] pending an appeal under Probate Code section 1301. [___] during the suspension of powers of the guardian. THE COURT ORDERS
4. a. [_] (Name): (Address): (Telephone): is appointed temporary guardian of the PERSON of (name): and Letters shall issue upon qualification. b. [-] (Name): (Address): (Telephone): is appointed temporary guardian of the ESTATE of (name): and Letters shall issue upon qualification.

. Form Adopted for Mandatory Use ORDER APPOINTING TEMPORARY GUARDIAN Probate Code, §§ 2250-2254 Judicial Council of California 5 1 37 1 1 6 822 2067 4 4 63.664093 . 4 1 37 1 2 0 112 2066 1022 26 -1 5 1 37 1 2 1 112 2072 57 13 81.234833 GC-140 5 1 37 1 2 2 175 2072 36 16 59.422611 (Rev. 5 1 37 1 2 3 217 2072 60 16 96.802200 January 5 1 37 1 2 4 283 2072 10 15 95.518379 1, 5 1 37 1 2 5 300 2072 40 16 88.418610 2009] 5 1 37 1 2 6 557 2066 299 25 90.759850 (Probate—Guardianships 5 1 37 1 2 7 864 2067 42 19 93.295494 and 5 1 37 1 2 8 916 2067 218 25 92.200157 Conservatorships)

GC-140 TEMPORARY GUARDIANSHIP OF CASE NUMBER: (Name): MINOR 5. [] Notice of hearing to the persons named in item 2b is dispensed with. 6. 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. [] Deposits of: $ 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. [—] Additional orders in attachment 6c. d. [] The temporary guardian is not authorized to take possession of money or any other property without a specific court order. 7. [] In addition to the powers granted by law, the temporary guardian is granted other powers. These powers are specified [] in attachment 7. [__] below (specify): 8. [-] Other orders as specified in attachment 8 are granted. 9. [_] Unless modified by further order of the court, this order expires on (date): 10. Number of boxes checked in items 4-9: 11. Number of pages attached: Date: JUDICIAL OFFICER [J siGNaTuRE FOLLOWS LAST ATTACHMENT SEr140 [REV January 1, 2008] ORDER APPOINTING TEMPORARY GUARDIAN Page 2 of 2 (Probate—Guardianships and Conservatorships) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form | | Save this form | Clear this form

GC-150 [ATTORNEY OR PARTY WITHOUT ATTORNEY (name, address, and State Bar number): After recording, return to: TEL NO.: FAX NO. (optional): E-MAIL ADDRESS (optional): ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS: 41130 O Street MAILING ADDRESS: CITY AND ZIP CODE: Fresno, CA. 93724 BRANCH NAME: Probate Division FOR RECORDER'S USE ONLY TEMPORARY [] GUARDIANSHIP [] CONSERVATORSHIP OF (name): [] MINOR [] CONSERVATEE CASE NUMBER: LETTERS OF TEMPORARY [] GUARDIANSHIP [] CONSERVATORSHIP pa counT UsONY [__] Person () Estate LETTERS

1. (Name): is appointed temporary [] guardian [] conservator ofthe [] person [] estate of (name):
2. [-_] Other powers that have been granted or restrictions imposed on the temporary (] guardian {] conservator are [] specified in Attachment 2. [] specified below:
3. These Letters shall expire a. [-]on (date): or upon earlier issuance of Letters to a general guardian or conservator. b. [] on other date (specify):
4. [] The temporary [] guardian [__] conservator is not authorized to take possession of money or any other property without a specific court order.
5. Number of pages attached: WITNESS, clerk of the court, with seal of the court affixed. (SEAL) Date: Clerk, by , Deputy This form may be recorded as notice of the establishment of a temporary conservatorship of the estate as provided in Probate Code section 1875. Form Adopted tor Mancatory: Yee LETTERS OF TEMPORARY GUARDIANSHIP OR Judicial Council of California GC-150 [Rev. January 1, 2015] CONSERVATORSHIP (Probate—Guardianships and Conservatorships) Probate Code, §§ 2250 et seq., 2890-2893; Code of Civil Procedure, § 2015.6 www. courts.ca.gov

GC-150 TEMPORARY [] GUARDIANSHIP [] CONSERVATORSHIP CASE NUMBER: OF (name): [] MINOR [] CONSERVATEE NOTICE TO INSTITUTIONS AND FINANCIAL INSTITUTIONS (Probate Code sections 2890-2893) 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. LETTERS OF TEMPORARY [] GUARDIANSHIP [] CONSERVATORSHIP AFFIRMATION

| solemnly affirm that | will perform according to law the duties of temporary [] guardian. [] conservator.

Executed on (date): , at (place): » CERTIFICATION

| 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. [FE OR ORR HAM (SIGNATURE OF APPOINTEE) (SEAL) Date: Clerk, by , Deputy GC-150 [Rev. January 1, 2015] LETTERS OF TEMPORARY GUARDIANSHIP OR CONSERVATORSHIP Pagezot2 (Probate—Guardianships and Conservatorships) For your protection and privacy, please press the Clear This Form button after you have printed the form. | Print this form | | Save this form | Clear this form |