Stanislaus — Termination Guardianship Packet

Source: https://www.stanislaus.courts.ca.gov/system/files/forms-and-filings/guardianship-termination-packet.pdf

www.stanislaus.courts.ca.gov (209)530-3100

Revised 7/12

TERMINATION OF

GUARDIANSHIP PACKET

This packetcontainsformsrequired for Terminationof Guardianshipproceedings in StanislausCountySuperiorCourt.

AdditionalJudicial Councilforms, local forms and informationare available in the Clerk’s Office, the StanislausCountyLaw Library locatedat 1101 13th Street, Modesto,and on the followingWebsites:

Stanislaus County Superior Court: www.stanislaus.courts.ca.gov Judicial Council's Self Help: www.courts.ca.gov/selfhelp.htm Judicial Council Forms: www.courts.ca.gov/formsrules.htm

Superior Court Self-Help Center/F amily Law Facilitator’s Office 80011th Street,Room 220,Modesto

PROVIDING ASSISTANCE TO PARTIES REPRESENTING THEMSELVES

Both offices provide services on a first come, first serve basis The SuperiorCourtClerk’s Officeis prohibitedfrom giving referralsto specific attorneysor legal counsel. LawyerReferralService may be able to assistyou in finding an attorney. Their telephonenumber is (209)571-5727. There are books available on how to do a guardianshipat the public library, the Law library and in bookstores. Moreinformation is available in the StanislausCounty Local Rules of Court. You may also refer to Probate Code 2250.

FREQUENTLY ASKED QUESTIONS

Personshandling their own cases (self–represented)are required to prepare and presenttheir pleadings (court documents)in completeand proper form without help from the courtstaff. This office is prohibited from giving legal advice in any manner . Doing so would constituteacting as an attorney or legal counsel. This office is also prohibitedfrom giving referralsto specificattorneys or legal counsel. Questionson legal mattersregarding the appropriateform or its proper completionand presentation should be referredto an attorney.

PREPARATION

You are required to bring in one (1) original plus two(2) copiesof all documents. You may need to make additionalcopiesafterfiling the original depending on how many people need to be served in your case. However, the clerk will only conformtwocopies. Whethertyped or hand printed, your papers must be completedin blue or black ink, be legible and dark enough to photocopy. The petitioner’sname, addressand telephonenumber must be placed in the space in the upper left hand cornerof each form. Pleadingsare to be dated and signed before being presentedfor filing. Each form must have the courtname and locationin the heading as indicatedbelow:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS 1100 I Street,PO Box 1098 Modesto, CA 95353-1098

TERMINATION OF GUARDIANSHIP

The following forms are included in this packet: Petition for Termination of Guardianship (GC-255) Order Terminating Guardianship (GC-260) Notice of Hearing–Guardianship or Conservatorship (GC-020) Attachment to Notice of Hearing Proof of Service by Mail DE-120(MA)/GC-020(MA)

Petition for Termination of Guardianship Fill out both sides of this form. The Clerk’s Office will only conform two copies. You may need to make additional copies later for each person required to be served. The number of copies needed can vary case by case. Service by mail is required to the minor’s parents, the current legal guardian(s), grandparents and any brothers/sisters.

Order Terminating Guardianship This form needs to be filled out as much as possible. You will not know the answers to all the questions because some things (like the hearing) have not yet taken place. Fill in as much as you can now based on what you know about the case. This form will be kept in your file until the hearing or the Judge makes his/her decision.

Notice of Hearing Fill out everything except the information box which tells when the hearing will happen. The clerk who files your documents will fill in this information. Bring the original and two (2) copies of this form to the Clerk’s Office with the Petition and Order Terminating Guardianship. The clerk will enter the hearing information on the form and return it to you. You may need to make additional copies after filing depending on how many people you need to serve.

Please Note: • Once you have filed your Petition, you are ready to have the Petition and Notice of Hearing served on the other people involved in your case. The person serving your documents must be at least 18 years old and not involved in your case. He/she must fill out the Proof of Service by Mail (located on the back of the Notice of Hearing) and then you must file the Notice of Hearing with the Court. If you have more than 3 people to serve you may use the Attachment to Notice of Hearing Proof of Service by Mail. It provides plenty of space for more names and addresses.

• A filing fee will be charged for the processing of your paperwork. You can request a fee waiver from the clerk if you would like to ask that your fees be deferred or reduced.

GC-255 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 STANISLAUS STREET ADDRESS: 1100 I Street MAILING ADDRESS: PO Box 1098 CITY AND ZIP CODE: Modesto, CA 95353-1098 BRANCH NAME: GUARDIANSHIP OF THE PERSON ESTATE OF CASE NUMBER: (Name): MINOR HEARING DATE AND TIME: DEPT.: PETITION FOR TERMINATION OF GUARDIANSHIP

1. Petitioner (name): requests that a. the guardianship of the PERSON of (minor): be terminated. b. the guardianship of the ESTATE of (minor): be terminated. (1) The estate has been entirely exhausted through expenditures or disbursements (Probate Code, § 2626). (2) The estate falls within the provisions of Probate Code section 2628(b) (small estate), and no accounts have been required. (3) Other (specify):

2. Petitioner is the minor minor’s guardian minor’s parent.

3. (Name): was appointed guardian of the PERSON
   of the minor named in item 1a on (date): .

4. (Name): was appointed guardian of the ESTATE
   of the minor named in item 1b on (date): .

5. It is in the best interest of the minor that the guardianship of the person estate be terminated for the reasons stated in Attachment 5 stated below (specify):

6. A request for special notice a. has not been filed. b. has been filed and notice will be given to (names):

7. Notice to the persons identified in Attachment 7 should be dispensed with because
   a. they cannot with reasonable diligence be given notice (specify names and efforts to locate in Attachment 7).
   b. other good cause exists to dispense with notice (specify names and reasons in Attachment 7).

8. Petitioner is the minor's guardian. Petitioner requests reasonable visitation with the minor after termination of the guardianship as specified in Attachment 8. A completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form (FL-105/GC-120) is also attached.

NOTICE: This guardianship will terminate automatically when the child reaches age 18. No petition or court order is necessary to terminate the guardianship at that time. Nevertheless, if this is a guardianship of the estate, termination of the guardianship does not eliminate the requirement that a final report or account must be filed. (See Prob. Code, § 1600.)

Form Adopted for Mandatory Use PETITION FOR TERMINATION OF GUARDIANSHIP Probate1601, 2626,Code,2627,§§ 1460,2636 Judicial Council of California GC-255 [Rev. January 1, 2006] (Probate—Guardianships and Conservatorships)

GC-255 GUARDIANSHIP OF THE PERSON ESTATE OF (Name): CASE NUMBER:

MINOR

9. The names and residence addresses of the guardian, minor, and minor's parents, brothers, sisters, and grandparents are (specify): a. Guardian: g. Brother or sister:

   b. Minor: h. Maternal grandfather:

   c. Father: i. Maternal grandmother:

   d. Mother: j. Paternal grandfather:

   e. Brother or sister: k. Paternal grandmother:

   f. Brother or sister: l. Additional names and addresses continued in Attachment 9.

10. Number of pages attached:

Date: (SIGNATURE OF ATTORNEY OR PETITIONER WITHOUT AN ATTORNEY *)

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

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)

CONSENT TO TERMINATION AND WAIVER OF SERVICE AND NOTICE OF HEARING

11. I consent to the termination of the guardianship of the person estate of the minor and waive service
    of a copy of, and notice of the hearing on, this petition.

Date: (TYPE OR PRINT NAME) (SIGNATURE OF MINOR * GUARDIAN PARENT OTHER)

Date: (TYPE OR PRINT NAME) (SIGNATURE OF MINOR * GUARDIAN PARENT OTHER)

Date: (TYPE OR PRINT NAME) (SIGNATURE OF MINOR * GUARDIAN PARENT OTHER)

Date: (TYPE OR PRINT NAME) (SIGNATURE OF MINOR * GUARDIAN PARENT OTHER)

Additional signatures on Attachment 11. * Minor over 12 years of age.

GC-255 [Rev. January 1, 2006] PETITION FOR TERMINATION OF GUARDIANSHIP Page 2 of 2 (Probate—Guardianships and Conservatorships)

GC-260

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 STANISLAUS STREET ADDRESS: 1100 I Street MAILING ADDRESS: PO Box 1098 CITY AND ZIP CODE: Modesto, CA 95353-1098

BRANCH NAME:

GUARDIANSHIP OF THE PERSON ESTATE OF (Name):

MINOR CASE NUMBER:

ORDER TERMINATING GUARDIANSHIP

1. The petition to terminate the guardianship came on for hearing as follows (check boxes c–l to indicate personal presence): a. Judicial Officer (name): b. Hearing date: Time: Dept. Rm: c. Petitioner (name): d. Attorney for petitioner (name): e. Minor (name): f. Attorney for minor (name): g. Guardian of the person (name): h. Attorney for guardian of the person (name): i. Guardian of the estate (name): j. Attorney for guardian of the estate (name): k. Parent of minor (name): l. Attorney for parent (name):

THE COURT FINDS 2. a. All notices required by law have been given. b. Notice of hearing has been should be dispensed with to the following persons (specify):

c. It is in the minor's best interest to terminate the guardianship of the PERSON.
d. It is in the minor's best interest to terminate the guardianship of the ESTATE.
(1) The estate has been entirely exhausted through expenditures or disbursements (Probate Code, § 2626).
(2) The estate falls within the provisions of Probate Code section 2628(b) (small estate), and no accounts have
been required.
(3) Other reasons (specify):

THE COURT ORDERS 3. The guardianship of the PERSON of (minor): is terminated. 4. The guardianship of the ESTATE of (minor): is terminated. 5. Notice of hearing to the persons named in item 2b is dispensed with. 6. Visitation between the minor and the guardian of the person of the estate is ordered as provided in Attachment 6. 7. Other (specify):

Continued on Attachment 7. JUDICIAL OFFICER

Date:

Signature follows last attachment. Page 1 of 1

Probate Code, §§ 1601–1602, Form Adopted for Mandatory Use ORDER TERMINATING GUARDIANSHIP 2626–2628 Judicial Council of California GC-260 [Rev. January 1, 2006] (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 STANISLAUS STREET ADDRESS: 1100 I Street MAILING ADDRESS: PO Box 1098 CITY AND ZIP CODE: Modesto, CA 95353-1098 BRANCH NAME: GUARDIANSHIP CONSERVATORSHIP OF THE PERSON ESTATE

OF (Name):

MINOR (PROPOSED) CONSERVATEE
NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP CASE NUMBER:

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. A HEARING on the matter will be held as follows:

   a. Date: Time: Dept.: Room:

   b. Address of court same as noted above is (specify):

   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.)

Form Adopted for Mandatory Use NOTICE OF HEARING—GUARDIANSHIP OR CONSERVATORSHIP Probate Code, §§ 1264, Judicial Council of California 1460–1469, 1511, 1822 GC-020 [Rev. July 1, 2005] (Probate—Guardianships and Conservatorships)

GUARDIANSHIP CONSERVATORSHIP OF THE PERSON ESTATE CASE NUMBER:

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. 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.

2. My residence or business address is (specify):

3. 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 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. 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.

4. a. Date mailed: b. 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) (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)

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 Page 2 of 2 (Probate—Guardianships and Conservatorships)

DE-120(MA)/GC-020(MA) ESTATE GUARDIANSHIP CONSERVATORSHIP MATTER OF CASE NUMBER: (Name):

ATTACHMENT TO NOTICE OF HEARING PROOF OF SERVICE BY MAIL

(This Attachment is for use with forms DE-120 and GC-020.)

NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED

No. Name of person served Address (number, street, city, and zip code)

Page of

Form Approved for Optional Use ATTACHMENT TO NOTICE OF HEARING PROOF OF SERVICE BY MAIL Judicial Council of California
DE-120(MA)/GC-020(MA) (Probate—Decedents' Estates and Guardianships and Conservatorships)
[New July 1, 2005]