GUARDIANSHIPS – STARTING THE PROCEEDINGS – PART 3
By Cary A. Lind
Forms and paperwork.
All of the forms needed to open the guardianship proceedings except Exhibit A to the Petition and the Waiver and Consent are available from the Clerk’s office. The forms and descriptions are as follows:
CCP-200. Petition For Appointment of Guardian For Disabled Person.
The Petition contains all of the necessary information about the Respondent, Petitioner, the size of the Estate, and the parties in interest. You need to prepare an Exhibit A to attach to the Petition listing all of the Respondent’s closest relatives, the holders of any known powers of attorney, and any other interested parties.
CCP-201A. Summons For Appointment of Guardian For Disabled Person.
The Summons must be served on the Respondent with a copy of the Petition. In addition, there is an unnumbered form entitled Notice of Rights of Respondent, which must be completed and also served with the Summons and the Petition. The Notice contains the date and time of the hearing, the name and telephone number of the Judge to whom the case is assigned, and a statement of the rights of the Respondent.
CCP-202/3. Petition For/Order Appointing Temporary Guardian For Disabled Person.
If you are seeking Temporary Guardianship, these forms must be completed.
CCP-204. Order Appointing Plenary Guardian For Disabled Person.
This form contains the findings of the Court with the bases of the findings (report(s) of physician(s) and the Guardian Ad Litem) and contains the appointment of the guardian. The Order also sets a date for presentation of the Inventory.
CCP-209. Order Appointing Guardian Ad Litem For Alleged Disabled Person.
This form must be given to the Court with just the caption and attorney information completed. The Judge will complete the Order and make the appointment of the Guardian Ad Litem.
CCP-211. Report of Physician.
This report contains the diagnoses and findings of the physician, the physician’s conclusions as to whether the Respondent is totally or partially incapable of making personal and/or financial decisions, and the physician’s recommended living arrangement and treatment of the Respondent. The Court requires the information to be completed on this form, although additional pages may be attached and referenced in the Court form.
CCP-214. Right to Discharge Guardian Or Modify Guardianship Order.
This form must be submitted to the Court at the time the appointment is made. It will be mailed to the Respondent to satisfy additional notice and due process rights.
CCP-312. Oath and Bond of Representative – Surety.
With the exception of guardians of the person only, all bonds in guardianship proceedings must be surety bonds. The amount of the bond must be 1½ times the total of the Ward’s estimated personal Estate plus 1 year’s estimated income.
Waiver and Consent.
There is no Court form, but you can copy and modify the language from the form for decedent’s estates to show any interested party’s waiver of notice and consent to the appointment of the Petitioner as Guardian. If more than one party petitions for appointment or if there is an issue as to who will act as Guardian, you should get consents from as many people as possible. The number of consents will not determine who is ultimately appointed, but numbers can only help.
CCP-1000. Proof of Mailing and Publication.
This form is the same as for decedent’s estates. The form will recite that service of the Petition was served on all of the parties shown on Exhibit A to the Petition.
© 2001 by Cary A. Lind, all rights reserved