Orange — Temporary Guardianship

Source: https://www.occourts.org/system/files/general/shc-pb-02.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

TEMPORARY GUARDIANSHIP

SELF-HELP FORM PACKET

Attention

New Probate Court and In-Person Location: Costa Mesa Justice Complex 3390 Harbor Boulevard Costa Mesa, CA 92626

SHC-PB-02 (Rev. 05/01/2023)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms:

1. Complete the attached forms in black ink.
2. Scan your completed forms and save as a single PDF file.
3. Go to www.occourts.org/self-help (click the blue button labeled Click Here to Contact Self-Help Services), attach the PDF, and complete the online request form. Make sure to select PROBATE as the case type on the form.

www.occourts.org/self-help

Petition for Appointment of Clerk stamps date here when form is filed. GC-110(P) Temporary Guardian of the Person Temporary guardianship of (all children’s names):

You may use this form or Petition for Appointment of Temporary Guardian or Conservator (form GC-110) to ask the court to appoint a temporary guardian of the1 person for a minor child. (You must use form GC-110 to ask for appointment of a temporary guardian of a minor child’s estate or person and estate.) You may use this form to request appointment of a temporary guardian for one or more than one child. A petition for appointment of a (general) guardian concerning this child or these children (form GC-210 or form Fill in court name and street address: GC-210(P)) must have already been filed in this case or filed with this petition. Superior Court of California, 1 Your name (include the names of all persons who are requesting the County of court to appoint them or the person named in 4 as temporary guardian Orange of the child or children named above and in 6 . All must sign this form.): 3390 Harbor Boulevard Costa Mesa, CA 92626 a. Costa Mesa Justice Complex b. Clerk fills in case number when form is filed. 2 Your address and telephone number: Street: Apt.: Case Number:

City:
State: Zip: Phone:

3 Your lawyer (if you have one):

Name: Bar No.:

Firm name, if any:

Street: Suite:

City: State: Zip:

Phone: Fax (optional): E-mail (optional):

4 I/We want to be the temporary guardian of the child or children named in 6 . (Go to 5 .) I/We want the person or persons named here to be the temporary guardian of the child or children named above. Tell the court about the proposed guardian(s) below. Name(s):

Street: Apt.:
City: State: Zip:

Phone:

I am the child or one of the children named in 6 and one of the persons named in 1 .
I am at least 12 years old. I want the person named here to be my temporary guardian.
My date of birth is (month/day/year):

Judicial Council of California, Petition for Appointment of Temporary Guardian of the Person GC-110(P), Page 1 of 4www.courtinfo.ca.gov Rev. January 1, 2009, Alternative Mandatory Form (Probate—Guardianships and Conservatorships) Instead of Form GC-110 Probate Code, § 2250; Cal. Rules of Court, rule 7.101

Case Number: Temporary guardianship of (all children’s names):

5 The relationship of the proposed temporary guardian named in 1 or 4 to the child or children named in 6 is (check all that apply): Grandmother (father’s mother) Aunt Grandfather (father’s father) Uncle Grandmother (mother’s mother) Brother (adult) Grandfather (mother’s father) Sister (adult) Other Relative (explain relationship to child or children):

Not related to the child or children (explain proposed guardian’s interest in or connection to the child):

6 The child or children who need a temporary guardian are: a. Child’s full legal name:

Child’s current address:

Child’s current phone number:

b. Child’s full legal name:

Child’s current address:

Child’s current phone number: Check here if you want a temporary guardian for additional children. Give the information asked above for each additional child on a separate sheet of paper. Write “Form GC-110(P)—Attachment 6: Additional Children” at the top of the paper and attach it to this form.

7 Why do the child or children in 6 need a temporary guardian right now? The child or children need temporary care, maintenance, and support right now because (explain):

Check here if you need more space. Continue your explanation on a separate sheet of paper. Write “GC-110(P)—Item 7: Reasons for Appointment of Temporary Guardian” at the top of the paper and attach it to this form.

Rev. January 1, 2009 Petition for Appointment of Temporary Guardian of the Person GC-110(P), Page 2 of 4 (Probate—Guardianships and Conservatorships)

Case Number: Temporary guardianship of (all children’s names):

8 Do I/we believe the child or children in 6 will go to the court hearing? Yes No

9 I/We ask the court to: a. Appoint the person named in 1 or 4 temporary guardian of the person of the child or children named in 6 and issue Letters of Temporary Guardianship of the Person. b. Order that I am/we are excused from having to give notice of the hearing on this petition for appointment of temporary guardian to (review the information given on the next page and check all items that apply below): (1) The child or children in 6 . (2) The child’s father (name): (3) The child’s mother (name): (4) A person other than a parent who has a court order for visitation with the child (name): Good cause exists for this request for the following reasons (explain, and include in your explanation efforts to find a person who could not be found):

Check here if you need more space. Continue your explanation on a separate sheet of paper. Write “Form GC-110(P)—Attachment 9: Request for a Good Cause Exception to Giving Notice” at the top of the paper and attach it to this form.

Rev. January 1, 2009 Petition for Appointment of Temporary Guardian of the Person GC-110(P), Page 3 of 4 (Probate—Guardianships and Conservatorships)

Case Number: Temporary guardianship of (all children’s names):

INFORMATION ABOUT GIVING NOTICE OF THE HEARING ON YOUR

PETITION AND REQUESTING A GOOD CAUSE EXCEPTION TO GIVING NOTICE

You must give at least five days advance written notice of the court hearing on your petition for appointment of a temporary guardian. The written notice must be personally delivered to (1) the child if he or she is at least 12 years old, (2) the child’s parents, and (3) any person who has a valid and effective visitation order with the child. Written notice is given by delivering a filled-in copy of this petition and a filled-in copy of a Notice of Hearing—Guardianship or Conservatorship (form GC-020), showing the date, time, and place of the hearing and the title of this petition. See What Is “Proof of Service” in a Guardianship? (form GC-510) for more information on how to give notice in a guardianship and how to prove that you have given notice. The instructions in that form for personal service apply here, but the time limits for giving notice mentioned in that form do not apply to a temporary guardianship. There is much less time to complete this task when a petition for appointment of a temporary guardian is involved. The court may waive (excuse) or change the requirement of giving notice if you can show the court good cause why an exception should be made to the requirement of giving notice. This showing may be made by completing item 9b on page 3 of this form. If you want the court to waive notice to someone because he or she cannot be found, you must show the court that you have made reasonable efforts to find that person. See rules 7.52 and 7.1012 of the California Rules of Court for information on making reasonable efforts to find a person and on the good cause exception to notice of the hearing on a petition for appointment of a temporary guardian.

10 All attachments are made part of this form as though placed here. There are pages attached to this form. (If none, write “0.”) All persons named in 1 (petitioners) and their attorney (if they have one) must read and sign below. Date: Petitioner’s Attorney types or prints name here Petitioner’s Attorney signs here I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.

Date: Petitioner types or prints name here Petitioner signs here Date:6 Petitioner types or prints name here Petitioner signs here

Rev. January 1, 2009 Petition for Appointment of Temporary Guardian of the Person GC-110(P), Page 4 of 4
(Probate—Guardianships and Conservatorships)

MC-025 SHORT TITLE: CASE NUMBER:

ATTACHMENT (Number): (This Attachment may be used with any Judicial Council form.)

(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required)

Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California MC-025 [Rev. July 1, 2009] to Judicial Council Form

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 ORANGE

STREET ADDRESS: 3390 Harbor Boulevard
MAILING ADDRESS:

CITY AND ZIP CODE: Costa Mesa, CA 92626
BRANCH NAME: Costa Mesa Justice Complex

GUARDIANSHIP CONSERVATORSHIP OF THE 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. 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 Probate1460–1469,Code,1511,§§ 1264,1822 Judicial Council of California GC-020 [Rev. July 1, 2005] (Probate—Guardianships and Conservatorships) www.courtinfo.ca.gov

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)

GC-140

FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE STREET ADDRESS: 3390 Harbor Boulevard

MAILING ADDRESS: CITY AND ZIP CODE: Costa Mesa, CA 92626 BRANCH NAME: Costa Mesa Justice Complex

TEMPORARY GUARDIANSHIP OF THE PERSON ESTATE OF (Name): 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–l to indicate personal presence): a. Judicial officer (name): b. Hearing date: Time: Dept.: Room: c. Petitioner (name): d. Attorney for petitioner (name): e. Minor (name): f. Attorney for minor (name): g. Minor’s parents (names): h. Attorney for minor’s parents (names): i. Person with valid visitation order (name): j. Attorney for person with valid visitation order (name): k. Public Guardian (name): l. Attorney for Public Guardian (name): THE COURT FINDS

2. a. Notice of the time and place of hearing has been given as required by law. b. Notice of the time and place of hearing has been 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 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 GC-140 [Rev. January 1, 2009] (Probate—Guardianships and 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

SIGNATURE FOLLOWS LAST ATTACHMENT

GC-140 [Rev. January 1, 2009] ORDER APPOINTING TEMPORARY GUARDIAN Page 2 of 2 (Probate—Guardianships and Conservatorships)

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 ORANGE STREET ADDRESS: 3390 Harbor Boulevard

MAILING ADDRESS: CITY AND ZIP CODE: Costa Mesa, CA 92626 BRANCH NAME: Costa Mesa Justice Complex FOR RECORDER'S USE ONLY TEMPORARY GUARDIANSHIP CONSERVATORSHIP CASE NUMBER: OF (name): MINOR CONSERVATEE LETTERS OF TEMPORARY GUARDIANSHIP CONSERVATORSHIP FOR COURT USE ONLY Person Estate

LETTERS

1. (Name): is appointed temporary guardian conservator of the 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 for Mandatory Use LETTERS OF TEMPORARY GUARDIANSHIP OR Probate Code, §§ 2250 et seq., 2890–2893; Judicial Council of California Code of Civil Procedure, § 2015.6 GC-150 [Rev. January 1, 2015] CONSERVATORSHIP www.courts.ca.gov (Probate—Guardianships and Conservatorships)

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

I solemnly affirm that I will perform according to law the duties of temporary guardian. conservator.

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-150 [Rev. January 1, 2015] LETTERS OF TEMPORARY GUARDIANSHIP OR CONSERVATORSHIP Page 2 of 2 (Probate—Guardianships and Conservatorships)