The California GC 110 form is used to request the appointment of a temporary guardian for a minor. This form outlines the necessary information and details needed for the court to consider the petition. If you need to fill out the form, please click the button below.
The California GC 110 form plays a crucial role in the process of appointing a temporary guardian for a minor. This form is specifically designed for individuals seeking legal guardianship over a minor's person, estate, or both. It requires detailed information about the petitioner, including their name, contact details, and the relationship to the minor. Additionally, the form outlines the reasons for the guardianship, emphasizing the minor's need for care, support, and protection from potential harm. Petitioner requests may include the appointment of a temporary guardian for the minor's person, estate, or both, with specific provisions regarding bond requirements and the handling of the minor's assets. The form also allows for the inclusion of supporting facts and attachments that justify the need for a temporary guardian. By filling out the GC 110, petitioners can provide the court with essential information to make informed decisions regarding the welfare of the minor involved.
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
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
TEMPORARY GUARDIANSHIP OF
CASE NUMBER:
(Name):
MINOR
PETITION FOR APPOINTMENT OF TEMPORARY GUARDIAN
HEARING DATE:
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)
$
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)
in deposits in a blocked account be allowed. Receipts will be filed.
(Specify institution and location):
a request for an exception to notice of the hearing on this petition for good cause is filed with this petition. the powers specified in attachment 1e be granted in addition to the powers provided by law.
other orders be granted (specify in attachment 1f).
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.
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Form Adopted for Mandatory and Alternative Mandatory Use Instead of Form GC-110(P)
Judicial Council of California
GC-110 [Rev. July 1, 2008]
(Probate—Guardianships and Conservatorships)
Probate Code, § 2250; Cal. Rules of Court, rules 7.101, 7.1012 www.courtinfo.ca.gov
(Facts supporting appointment of a temporary guardian (continued)):
4.Temporary guardianship is required
a.
b.
c.
5.
pending the hearing on the petition for appointment of a general guardian. pending the appeal under Probate Code section 1301.
during the suspension of powers of the guardian.
Character and estimated value of the property of the estate (complete if a temporary guardianship of the estate or person and estate is requested):
Personal property:
Annual gross income from all sources, including real and
personal property, wages, pensions, and public benefits:
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
will not 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).)
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)
PETITION FOR APPOINTMENT OF
TEMPORARY GUARDIAN
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Filling out the California GC-110 form is an essential step in the process of appointing a temporary guardian for a minor. Once you complete the form, you will need to file it with the appropriate court. Be sure to gather any necessary attachments that support your petition.
What is the purpose of the California GC-110 form?
The California GC-110 form is used to petition for the appointment of a temporary guardian for a minor. This form allows individuals to request that the court grant temporary guardianship over the person, the estate, or both of a minor. It is specifically designed for situations that require immediate attention, ensuring the minor receives necessary care and support while a more permanent guardianship arrangement is pursued.
Who can file the GC-110 form?
Any individual who has a legitimate interest in the welfare of the minor can file the GC-110 form. This often includes relatives, family friends, or other caregivers who believe that the minor needs a temporary guardian. It is essential for the petitioner to demonstrate a valid reason for the guardianship, which can be outlined in the attachments provided with the form.
What information is required on the GC-110 form?
The GC-110 form requires detailed information about the petitioner, the minor, and the reasons for seeking temporary guardianship. Petitioner details include name, address, and contact information. The form also asks for the minor's name, address, and the specific needs that necessitate a temporary guardian. Additionally, any relevant facts supporting the request must be included, along with any attachments that provide further context.
What happens after filing the GC-110 form?
Once the GC-110 form is filed with the court, a hearing date will be set. The petitioner must ensure that all interested parties are notified of the hearing. During the hearing, the court will review the petition and any supporting documentation. The judge will then determine whether to grant the temporary guardianship based on the information presented. It is crucial for the petitioner to be prepared to explain the need for guardianship clearly.
Is a bond required for temporary guardianship?
A bond may be required depending on the specifics of the guardianship being requested. If the petition is solely for the temporary guardianship of the person, a bond may not be necessary. However, if the guardianship involves the estate, a bond is typically required to protect the minor's assets. The petitioner can specify the bond requirements in the form and provide reasons for any exceptions if applicable.
Filling out the California GC-110 form can be a daunting task, and mistakes can lead to delays or complications in the guardianship process. One common error is failing to include all required signatures. Both the attorney and all petitioners must sign the form. If one signature is missing, the court may reject the petition, causing unnecessary delays.
Another mistake is not providing complete contact information for the minor. The form requires the current address and telephone number of the minor. Missing this information can result in the court being unable to reach the minor or verify their situation, which is crucial for the appointment of a temporary guardian.
Many people also overlook the need for attachments. The form references several attachments, such as the facts supporting the need for a temporary guardian and the details regarding the minor’s property. If these attachments are not included or are incomplete, it can hinder the court's understanding of the case.
Additionally, some individuals forget to specify the type of guardianship they are requesting. The form allows for guardianship of the person, the estate, or both. Not clearly indicating this can lead to confusion and may require further clarification from the court.
Another frequent error involves the financial details. When completing the section on the character and estimated value of the property, it’s important to provide accurate figures. Underestimating or overestimating the value can affect bond requirements and the overall outcome of the guardianship.
People sometimes neglect to check the box indicating whether the minor will attend the hearing. This information is important for the court to know. If this detail is missing, it may lead to additional questions or delays in processing the petition.
Lastly, failing to proofread the form can lead to simple yet impactful mistakes. Typos or incorrect information can create confusion and might require resubmission of the form. Taking a moment to review the completed form can save time and effort in the long run.
The California GC-110 form is used to petition for the appointment of a temporary guardian for a minor. This process often involves several other forms and documents that support the petition or provide necessary information to the court. Below is a list of commonly used forms alongside the GC-110.
Each of these forms plays a crucial role in the guardianship process, ensuring that the minor’s best interests are protected while adhering to legal requirements. It is essential to understand the purpose of each document to navigate this process effectively.
The California GC 110 form is used for petitioning the appointment of a temporary guardian for a minor. Several other documents serve similar purposes in guardianship and conservatorship contexts. Below is a list of seven documents that share similarities with the GC 110 form:
When filling out the California GC-110 form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of actions to take and avoid.
Here are five common misconceptions about the California GC-110 form, along with explanations to clarify each point:
This is not true. While the GC-110 form can be used for temporary guardianship of the person, it is also required for guardianship of the estate or both the person and estate.
This is incorrect. A bond may not be required if the petition is solely for temporary guardianship of the person. Specific conditions can exempt the need for a bond, which can be outlined in the form.
This is a misconception. The petitioner can indicate whether the minor will or will not attend the hearing. The court may still proceed with the appointment even if the minor is absent.
This is misleading. Attachments are essential as they provide necessary details supporting the petition. They are considered part of the form and must be included.
This is false. The form requires specific facts and supporting information about why a temporary guardian is needed. Without this information, the court may not approve the petition.
The GC-110 form is essential for petitioning the court for the appointment of a temporary guardian for a minor. Use this form specifically for guardianship of the estate or both the person and estate.
Complete all sections thoroughly. Include details about the petitioner, the minor, and the reasons for needing a temporary guardian. Attach any necessary documents to support your claims.
Specify whether a bond is required. If you believe a bond should not be necessary, provide reasons in Attachment 1c. Otherwise, indicate the bond amount and ensure it complies with relevant laws.
Clearly outline the minor's needs in Attachment 3. Explain why a temporary guardian is crucial for the minor's care, maintenance, and property protection.
Indicate if the minor will attend the hearing. This information helps the court understand the situation better and plan accordingly.
Signatures are mandatory. Both the attorney and all petitioners must sign the form, affirming the truthfulness of the information provided under penalty of perjury.