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Order Appointing Counsel For Minor Probate Code Sections 1470 And 1516.5 Form. This is a California form and can be use in San Bernardino Local County.
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Tags: Order Appointing Counsel For Minor Probate Code Sections 1470 And 1516.5, SB-1470, California Local County, San Bernardino
SUPERIOR COURT, COUNTY OF SAN BERNARDINO
DISTRICT
Case No.
Case Name:
ORDER APPOINTING COUNSEL FOR MINOR
PROBATE CODE SECTIONS
1470 and 1516.5
The Court appoints private legal counsel for the ward (proposed ward), based upon
the following determination:
1.
The minor is not represented by legal counsel AND
2. Counsel would be helpful to the resolution of this case or is necessary to protect the
minor's interests because: (check all that apply)
a.
Allegations of physical or financial abuse to the minor
b.
Conflicting allegations of fitness of parents/potential guardian
c.
Petition to have child declared free from custody and control of
parent(s) per Probate Code Section 1516.5
d.
Petition for medical treatment of minor under Probate Code Section
2357 (mandatory)
Order Appointing Counsel for Minor – Probate §1470, 1516.5
Page 1 of 3
Rev. 8//1/07
SB-1470
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IT IS THEREFORE ORDERED THAT:
Pursuant to Probate Code Section 1470 and/or 1516.5, the Court hereby appoints
, whose office address and
telephone number is:
as counsel for the minor
.
Counsel is appointed to address the following issue(s):
Counsel shall have:
1.
Reasonable access to the minor with adequate notice;
2.
Notice of any proceeding;
3.
Access to any and all documents, report, and test results pertaining to
the proposed ward/ward from therapists, physicians, mental health
professionals, regional centers, schools, etc.;
4.
Full access to any mental health professional and/or medical
professional treating the minor;
5.
Full access to daycare providers, home health care providers, babysitters,
teachers, schools, recreational facilities and any other individual who, in the
attorney's opinion, has information which would be beneficial to the attorney
in representing the minor's best interests;
Order Appointing Counsel for Minor – Probate §1470, 1516.5
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6.
The right to assert any privilege on behalf of the minor;
7.
The right to veto any physical or psychological evaluation, for purposes
of the proceedings, which has not been ordered by the Court;
8.
Pursuant to Family Code Section 3152, the minor's counsel may
request to the Court to authorize release of relevant Child
Protective Services reports or files concerning the minor; and
9.
The right to seek independent psychological or medical evaluation for
purpose of any pending proceeding, upon application to the Court.
The attorney shall advise the Court as to the client's wishes in the proceeding.
The attorney shall also evaluate the issues before the Court and report to the
Court his/her observations and recommendations or opinions as to what actions
are in the client's best interests. In the event of an irreconcilable conflict between
the wishes of the client and the recommendations of the appointed attorney
concerning the best interests of the client, the appointed attorney shall, at the
earliest opportunity, advise the Court of such conflict.
The attorney shall, if
practical, ensure that the client is afforded an opportunity to address the Court
directly.
The Court, in its discretion, may discharge the existing appointed
counsel and appoint a new attorney to represent the interests of the client in
further proceedings.
Dated:
Judge/Commissioner
Order Appointing Counsel for Minor – Probate §1470, 1516.5
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