California Probate Code 2803 – The petition shall set forth all of the following:(a) The name …
The petition shall set forth all of the following:
(a) The name and address of:
Terms Used In California Probate Code 2803
- Conservatee: includes a limited conservatee. See California Probate Code 29
- Conservator: includes a limited conservator. See California Probate Code 30
- Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Probate Code 37
- foreign guardian or conservator: means a guardian, conservator, committee, or comparable fiduciary in another jurisdiction. See California Probate Code 2800
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
(1) The foreign guardian or conservator, who may but need not be the guardian or conservator appointed in this state.
(2) The ward or conservatee.
(3) The guardian or conservator, so far as is known to the petitioner.
(b) The names, ages, and addresses, so far as they are known to the petitioner, of the spouse of the ward or the spouse or domestic partner of the conservatee and of relatives of the ward or conservatee within the second degree.
(c) A brief description of the character, condition, value, and location of the personal property sought to be transferred.
(d) A statement whether the foreign guardian or conservator has agreed to accept the transfer of the property. If the foreign guardian or conservator has so agreed, the acceptance shall be attached as an exhibit to the petition or otherwise filed with the court.
(e) A statement of the manner in which and by whom the foreign guardian or conservator was appointed.
(f) A general statement of the qualifications of the foreign guardian or conservator.
(g) The amount of bond, if any, of the foreign guardian or conservator.
(h) A general statement of the nature and value of the property of the ward or conservatee already under the management or control of the foreign guardian or conservator.
(i) The name of the court having jurisdiction of the foreign guardian or conservator or of the accounts of the foreign guardian or conservator or, if none, the court in which a proceeding may be had with respect to the guardianship or conservatorship if the property is transferred.
(j) Whether there is any pending civil action in this state against the guardian or conservator, the ward or conservatee, or the estate.
(k) A statement of the reasons for the transfer.
(Amended by Stats. 2001, Ch. 893, Sec. 47. Effective January 1, 2002.)