Form GC-112 Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator - California

Form GC-112 is a California Superior Court form also known as the "Ex Parte Application For Good Cause Exception To Notice Of Hearing On Petition For Appointment Of Temporary Conservator". The latest edition of the form was released in January 1, 2009 and is available for digital filing.

Download a PDF version of the Form GC-112 down below or find it on California Superior Court Forms website.

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GC-112
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
TELEPHONE NO.:
FAX NO. (Optional):
end of the form when finished.
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
TEMPORARY CONSERVATORSHIP
OF
(Name):
CONSERVATEE
EX PARTE APPLICATION FOR GOOD CAUSE EXCEPTION TO NOTICE
CASE NUMBER:
OF HEARING ON PETITION FOR APPOINTMENT OF TEMPORARY
CONSERVATOR of the
Person
Estate
Note to Applicant: Please review the instructions in item 6 on page 3 and at
the bottom of that page for completing this form and supporting documents.
1.
Applicant (name):
is
a.
A petitioner for appointment of a temporary conservator of the
person
estate
of the proposed conservatee.
b.
A proposed temporary conservator.
2.
Immediate and substantial harm would be caused to the proposed conservatee, or his or her estate, during the notice period
required by Probate Code section 2250(e) because of the following (check all that apply):
a.
A medical emergency (give a brief description):
(A medical emergency must be immediate and substantial; treatment must be reasonably unavailable unless a
temporary conservator is appointed and cannot wait for the notice period because of the proposed conservatee’s
pain or extreme discomfort or a significant risk of harm.)
b.
A financial emergency (give a brief description):
(A financial emergency must be immediate and substantial. Means other than an exception to notice of hearing on
the appointment of a temporary conservator must be shown likely to be ineffective to prevent loss or further loss to
the proposed conservatee’s estate during the notice period.)
Other immediate and substantial emergency (give a brief description):
c.
(An emergency must be immediate and likely to cause substantial harm to the proposed conservatee during the
notice period.)
Page 1 of 3
Form Approved for Optional Use
Probate Code, § 2250;
EX PARTE APPLICATION FOR GOOD CAUSE EXCEPTION
Judicial Council of California
Cal. Rules of Court, rule 7.1062
TO NOTICE OF HEARING ON PETITION FOR
GC-112 [New January 1, 2009]
www.courtinfo.ca.gov
APPOINTMENT OF TEMPORARY CONSERVATOR
(Probate—Guardianships and Conservatorships)
GC-112
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
TELEPHONE NO.:
FAX NO. (Optional):
end of the form when finished.
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
TEMPORARY CONSERVATORSHIP
OF
(Name):
CONSERVATEE
EX PARTE APPLICATION FOR GOOD CAUSE EXCEPTION TO NOTICE
CASE NUMBER:
OF HEARING ON PETITION FOR APPOINTMENT OF TEMPORARY
CONSERVATOR of the
Person
Estate
Note to Applicant: Please review the instructions in item 6 on page 3 and at
the bottom of that page for completing this form and supporting documents.
1.
Applicant (name):
is
a.
A petitioner for appointment of a temporary conservator of the
person
estate
of the proposed conservatee.
b.
A proposed temporary conservator.
2.
Immediate and substantial harm would be caused to the proposed conservatee, or his or her estate, during the notice period
required by Probate Code section 2250(e) because of the following (check all that apply):
a.
A medical emergency (give a brief description):
(A medical emergency must be immediate and substantial; treatment must be reasonably unavailable unless a
temporary conservator is appointed and cannot wait for the notice period because of the proposed conservatee’s
pain or extreme discomfort or a significant risk of harm.)
b.
A financial emergency (give a brief description):
(A financial emergency must be immediate and substantial. Means other than an exception to notice of hearing on
the appointment of a temporary conservator must be shown likely to be ineffective to prevent loss or further loss to
the proposed conservatee’s estate during the notice period.)
Other immediate and substantial emergency (give a brief description):
c.
(An emergency must be immediate and likely to cause substantial harm to the proposed conservatee during the
notice period.)
Page 1 of 3
Form Approved for Optional Use
Probate Code, § 2250;
EX PARTE APPLICATION FOR GOOD CAUSE EXCEPTION
Judicial Council of California
Cal. Rules of Court, rule 7.1062
TO NOTICE OF HEARING ON PETITION FOR
GC-112 [New January 1, 2009]
www.courtinfo.ca.gov
APPOINTMENT OF TEMPORARY CONSERVATOR
(Probate—Guardianships and Conservatorships)
GC-112
CASE NUMBER:
TEMPORARY CONSERVATORSHIP OF
(Name):
CONSERVATEE
3.
Instead of an exception to giving notice to the persons named in item 3c, Applicant requests that (check all that apply):
a.
The time period of notice to the person or persons named in item 3c be changed as follows (specify number of days
of notice or number of hours if less than one day):
The method of giving notice to the person or persons named in item 3c be changed as follows (specify method of
b.
service; for example, personal delivery, fax, or e-mail):
c.
The person or persons, and his, her, or their relationship to the proposed conservatee are as follows (specify):
Name
Relationship to proposed conservatee
Additional persons and relationships are listed on attachment 3c.
An exception to giving notice to the person or persons named below should be made because of the potential harm to the
4.
proposed conservatee, or his or her estate, if notice is given (include in this category persons who might not cause harm
themselves, but to whom notice should not be given because the notice is likely to bring harm to the proposed conservatee
through the actions of another person. State the names and relationships to the proposed conservatee of all persons who
should not be given notice):
Name
Relationship to proposed conservatee
Additional persons and relationships are listed on attachment 4.
5.
An exception to giving notice to the person or persons named below should be made because Applicant cannot find him, her,
or them, despite the exercise of due diligence to search for him, her, or them (state names and relationships to the proposed
conservatee of all persons who could not be found):
Name
Relationship to proposed conservatee
Additional person(s) and relationship(s) are listed on attachment 5.
GC-112 [New January 1, 2009]
Page 2 of 3
EX PARTE APPLICATION FOR GOOD CAUSE EXCEPTION
TO NOTICE OF HEARING ON PETITION FOR
APPOINTMENT OF TEMPORARY CONSERVATOR
(Probate—Guardianships and Conservatorships)
GC-112
CASE NUMBER:
TEMPORARY CONSERVATORSHIP OF
(Name):
CONSERVATEE
6. The following documents are presented with this application in support:
a.
Applicant's Petition for Appointment of Temporary Conservator (form GC-111);
Supporting declaration of (name):
b.
Supporting declaration of (name):
c.
Supporting declaration of (name):
d.
Supporting declaration of (name):
e.
(At least one declaration supporting the grounds for a good cause exception to notice stated in items 2–5 of this application,
showing facts within the personal knowledge of the person signing the declaration (or the declaration of an expert witness) is
required. See rule 7.1062(e)(2) of the California Rules of Court and Evidence Code sections 800–805. You may use forms
GC-112(A-1) and GC-112(A-2) for all supporting declarations.)
f.
Declaration regarding notice of ex parte application of (name):
(This declaration is required with this application. See rules 3.1204(b) and 7.1062(e)(3).
g.
Other (describe):
h.
Proposed order. (A proposed order must be submitted with this application. You may use the Order on Ex Parte Application For
Good Cause Exception to Notice of Hearing on Petition For Appointment of Temporary Conservator (form GC-115) for
the order.)
Date:
(TYPE OR PRINT NAME OF APPLICANT OR ATTORNEY FOR APPLICANT)
(SIGNATURE OF APPLICANT OR ATTORNEY FOR APPLICANT)
INSTRUCTIONS
1.
Who must be given notice of a hearing on a petition for appointment of a temporary conservator?
At least five days’ advance notice must be given (1) by personal delivery to the proposed conservatee and (2) by mail or
personal delivery to the proposed conservatee’s spouse or registered domestic partner and the proposed conservatee’s brothers
and sisters, parents, grandparents, and children and grandchildren at least 12 years old or the parents, guardians or legal
custodians of children or grandchildren under that age. If the proposed conservatee has no spouse or registered domestic partner
and none of the relatives listed above, certain other persons must receive notice by mail or personal delivery. If the proposed
temporary conservator has no prior relationship with the proposed conservatee, the public guardian of the county where the petition
is filed must also be given notice by mail or personal delivery. See Probate Code sections 2250(e) and 1821(b). Written notice is
given by delivery, in person or by mail, of a filled-out Notice of Hearing—Guardianship or Conservatorship (form GC-020) showing
the time and place of the hearing and the nature of the relief to be requested, together with a copy of the Petition for Appointment of
a Temporary Conservator (form GC-111).
2.
Good cause exception to notice
The court for good cause may order an exception to the notice requirements described above for some or all of the persons entitled
to notice, either by waiving or dispensing with notice to them entirely or by changing the time and manner of giving notice to them.
This form and the other forms or documents that support it listed in item 6 above may be used to request an exception to the notice
of hearing on a temporary conservatorship petition. See rule 7.1062 of the California Rules of Court for the standards for good
cause exceptions to the notice requirements on a petition for appointment of a temporary conservator and for the required contents
of a request for a good cause exception.
GC-112 [New January 1, 2009]
Page 3 of 3
EX PARTE APPLICATION FOR GOOD CAUSE EXCEPTION
TO NOTICE OF HEARING ON PETITION FOR
APPOINTMENT OF TEMPORARY CONSERVATOR
(Probate—Guardianships and Conservatorships)
For your protection and privacy, please press the Clear This Form
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Download Form GC-112 Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator - California

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