File #: 22-168    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 7/29/2022 In control: Judicial Council
On agenda: 9/20/2022 Final action: 9/20/2022
Title: Rules and Forms | Guardianship Objection (Action Required)
Attachments: 1. 20220920-22-168

Title

Title

Rules and Forms | Guardianship Objection (Action Required)

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Summary

Summary

The Probate and Mental Health Advisory Committee recommends approving one form for optional use by parents, relatives, and other interested persons to object to a petition to appoint a probate guardian for a minor child. In guardianship proceedings, most parties and interested persons are self-represented. The petitions, forms GC-210 and GC-210(P), provide a framework for petitioners to specify their requests and allegations in appropriate categories. There is currently no Judicial Council form for objecting to a guardianship petition. Courts and self-help centers have indicated that the lack of a simple, standard form places objectors at a disadvantage and often leaves courts unable to discern the bases for objections. The proposed form is intended to address these concerns.

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Recommendation

Recommendation

The Probate and Mental Health Advisory Committee recommends that the Judicial Council, effective January 1, 2023, approve Objection to Petition for Appointment of Guardian (form GC-215) for optional use to file or structure an objection to a petition for appointment of a guardian in probate court.