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Petition For Orders Orders Concerning Power Of Attorney RI-PR041 - California
| Petition For Orders Orders Concerning Power Of Attorney Form. This is a California form and can be used in Probate Riverside Local County . |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE PALM SPRINGS 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address) RIVERSIDE 4050 Main St., Riverside, CA 92501 RI-PR041 FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): IN THE MATTER OF: CASE NUMBER: Hearing Date: Time: Department: PETITION FOR ORDERS CONCERNING POWER OF ATTORNEY Probate Code § 4540 et seq. Notice to Petitioner: Notice of Hearing using form GC-020 must be served with a copy of the petition (1) by mail on the attorney-in-fact and the principal (2) by personal service on the party indicated at item 2(f), if any, using form GC-020(P). 1. The power of attorney that is the subject of this petition is as follows: a. Principal (name of person who appointed the agent): b. Attorney-in-fact who is the subject of this petition (name): c. The terms of the power of attorney are described in attachment 2(c), provided in the copy enclosed as attachment 1(c), unknown to petitioner. 2. Petitioner Requests: a. An order determining that the power of attorney is in effect following reasons (describe why the court should make this order): has terminated for the Continued on attachment 2(a). b. An order passing on the following acts proposed acts of the attorney-in-fact (describe the acts that should be reviewed and the orders that are requested): Continued on attachment 2(b). Page 1 of 4 Approved for Optional Use Riverside Superior Court RI-PR041 [Rev. 1/10/13] PETITION FOR ORDERS CONCERNING POWER OF ATTORNEY Probate Code § 4540 et seq. Probate Code § 4540 et seq. riverside.courts.ca.gov/localfrms/localfrms.shtml American LegalNet, Inc. www.FormsWorkFlow.com IN THE MATTER OF: CASE NUMBER: 2. c. (1) (2) An order compelling the attorney-in-fact to submit an accounting to the petitioner of his or her acts as attorney-in-fact. At least 60 days have elapsed since the petitioner submitted to the attorney-in-fact the written request for an accounting that is attached as exhibit 2(c), and the attorney-in-fact has failed to submit an accounting or report. The account should cover the following period: All acts taken as attorney-in-fact up to the date of the order, or The acts taken from the date appointment of the attorney-in-fact became effective (start date): to (end date): the date of the order. An order declaring that the authority of the attorney-in-fact is revoked on a determination by the court of all of the following: d. (1) The attorney-in-fact has violated or is unfit to perform the fiduciary duties under the power of attorney as follows (describe the specific violations or grounds of unfitness): Continued on attachment 2(d)(1). (2) The principal presently lacks the capacity to give or to revoke a power of attorney as indicated in the Capacity Declaration (Form GC-335) provided as attachment 2(d)(2). It is in the best interests of the principal or the principal's estate to revoke the authority of the attorney-infact for the following reasons: (3) Continued on attachment 2(d)(3). e. (1) (2) An order approving the written resignation of the attorney-in-fact provided as attachment 2(e). The attorney-in-fact The attorney-in-fact been completed. has has has not expressly agreed in writing to act for the principal. has not acted for the principal in a transaction that has not yet f. An order compelling (name of person or entity) to honor the authority of the attorney-in-fact. An award of attorney fees to the petitioner against the attorney-in-fact to the attorneyin-fact against the party named in item 1(f), in an amount to be determined by post-order motion, for the following reasons: (1) The attorney-in-fact has clearly violated the fiduciary duties under the power of attorney. Page 2 of 4 g. Approved for Optional Use Riverside Superior Court RI-PR041 [Rev. 1/10/13] PETITION FOR ORDERS CONCERNING POWER OF ATTORNEY Probate Code § 4540 et seq. Probate Code § 4540 et seq. riverside.courts.ca.gov/localfrms/localfrms.shtml American LegalNet, Inc. www.FormsWorkFlow.com IN THE MATTER OF: CASE NUMBER: 2. g. (2) The attorney-in-fact has failed without any reasonable cause or justification to submit accounts or report acts to the principal or conservator of the estate or of the person, as the case may be, after written request from the principal or conservator. The party named in item 2(f) acted unreasonably in refusing to accept the agent's authority under the statutory power of attorney. An award of costs to petitioner against Other orders as specified in attachment 2(h). the attorney-in-fact the party named in item 2(f). (3) h. i. 3. Petitioner is: a. The attorney-in-fact under the power of attorney attached as attachment 1(c). b. c. d. e. as attachment 3(a), The principal. The spouse or registered domestic partner of the principal. Related to the principal as follows (specify relationship): The conservator of the person or estate of the principal under the letters of conservatorship provided as attachment 3(e). The court investigator, as described in Probate Code Section 1454, of the county where the power of attorney was executed or where the principal resides. The public guardian of the county where the power of attorney was executed or where the principal resides. The personal representative of the principal's estate pursuant to the letters testamentary, letters of administration, or letters of special administration provided as attachment 3(h). The trustee of the principal's estate pursuant to the certificate of trustee or certification of trust provided as attachment 3(i). The principal's successor in interest pursuant to the affidavit or declaration under Probate Code § 13100 provided as attachment 3(j). A person who is taking action pursuant to the written request of an attorney-in-fact provided in attachment 3(k), along with a copy of the power of attorney. An interested person or friend of the principal as follows (specify the nature of your interest in the estate or your relationship to the principal): Continued on attachment 3(l). f. g. h. i. j. k. l. Page 3 of 4 Approved for Optional Use Riverside Superior Court RI-PR041 [Rev. 1/10/13] PETITION FOR ORDERS CONCERNING POWER OF ATTORNEY Probate Code § 4540 et. seq. Probate Code § 4540 riverside.courts.ca.gov/localfrms/localfrms.shtml American LegalNet, Inc. www.FormsWorkFlow.com IN THE MATTER OF: CASE NUMBER: 4. Venue is proper for the following reason(s): a.
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