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Order On Ex-Parte Application For Good Cause Exception Form. This is a California form and can be use in Probate Guardianship-Conservatorship Judicial Council.
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Tags: Order On Ex-Parte Application For Good Cause Exception, GC-115, California Judicial Council, Probate Guardianship-Conservatorship
GC-115 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: TEMPORARY CONSERVATORSHIP OF (Name): CONSERVATEE ORDER ON EX PARTE APPLICATION FOR GOOD CAUSE EXCEPTION TO NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF TEMPORARY CONSERVATOR of the Person Estate CASE NUMBER: 1. The ex parte application for good cause exception to notice of hearing on the petition for appointment of temporary conservator was presented as follows (check boxes cj to indicate personal presence): a. Judicial officer (name): Time: Dept.: Room: b. Date presented: c. Applicant (name): d. Attorney for applicant (name): e. Proposed conservatee (name): f. Attorney for proposed conservatee (name): g. Proposed conservatee's spouse or registered domestic partner and relatives (names and relationships): h. Attorney for persons listed in item g (name or names of all attorneys and persons represented): i. j. 2. a. b. c. Public Guardian (name): Attorney for Public Guardian (name): Notice of the time and place of the application has been given as required by law. Notice of the time and place of the application should be dispensed with. Notice of the time and place of the application should be dispensed with only for (names): THE COURT FINDS 3. Good cause exists for an exception to notice of the hearing of the petition of (name): for appointment of a temporary conservator of the proposed conservatee named above. The exception is essential to protect the proposed conservatee, or his or her estate, from substantial harm. 4. 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: a. An immediate and substantial medical emergency for which treatment is reasonably unavailable without the appointment of a temporary conservator. Treatment cannot wait for the notice period because of the proposed conservatee's pain or extreme discomfort or a significant risk of harm. Page 1 of 2 Form Approved for Optional Use Judicial Council of California GC-115 [New January 1, 2009] ORDER ON EX PARTE APPLICATION FOR GOOD CAUSE EXCEPTION TO NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF TEMPORARY CONSERVATOR (Probate--Guardianships and Conservatorships) Probate Code, § 2250; Cal. Rules of Court, rule 7.1062 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com GC-115 TEMPORARY CONSERVATORSHIP OF (Name): CONSERVATEE CASE NUMBER: 4. b. An immediate and substantial financial emergency. Means other than an exception to notice of the hearing on the appointment of a temporary conservator are likely to be ineffective to prevent loss or further loss to the proposed conservatee's estate during the notice period. An immediate emergency that is likely to cause substantial harm to the proposed conservatee during the notice period. c. 5. The period of notice or the manner of giving notice to the persons named below should be modified as follows (specify names, period of notice, and manner of giving notice): Name Period of Notice Manner of Giving Notice 6. Notice should be dispensed with to the persons named below because of the harm he, she, or they, or another person, might do to the proposed conservatee, or his or her estate, if notice is given to the persons (specify names): 7. Notice should be dispensed with to the persons named below because applicant cannot find him, her, or them despite the exercise of due diligence (specify names): THE COURT ORDERS 8. Notice of the application for an exception to notice of hearing on the petition for appointment of a temporary conservator is a. b. dispensed with. dispensed with for the following named persons only: 9. Notice of the hearing on the petition of (name): for appointment of a temporary conservator is a. dispensed with. b. dispensed with for the following named persons only: c. modified as follows for the following named person(s): Name Period of Notice Manner of Giving Notice 10. Other orders as specified on Attachment 10 are made. 11. Number of pages attached: Date: JUDICIAL OFFICER SIGNATURE FOLLOWS LAST ATTACHMENT GC-115 [New January 1, 2009] ORDER ON EX PARTE APPLICATION FOR GOOD CAUSE EXCEPTION TO NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF TEMPORARY CONSERVATOR (Probate--Guardianships and Conservatorships) Page 2 of 2