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Instructions To Proposed Guardians Re Guardianship Investigations Prob. Code 1513 PR-061 - California
| Instructions To Proposed Guardians Re Guardianship Investigations Prob. Code 1513 Form. This is a California form and can be used in Probate San Diego Local County . |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO INSTRUCTIONS TO PROPOSED GUARDIANS RE: GUARDIANSHIP INVESTIGATIONS PROB. CODE §1513 Probate Code §1513 requires for each proposed appointment of guardian, that an investigation of the proposed guardian(s) be made and submitted to the court. These investigations will be done by Family Court Services (FCS), the Court Investigator (Probate Department) or Department of Health and Human Services Agency (HHSA) as follows: Guardianship of Proposed Guardian is 1. Person or person/estate Relative 2. Person or person/estate Non-relative 3. Estate only Relative or non-relative 4. Estate only-waiver requested* Relative or non-relative *If there is sufficient cause for a waiver, no investigation Agency Family Court Services Health & Human Services Court Investigator For these purposes, "relative" is defined in Prob. Code § 1513(g) as a person who is a spouse, parent, step-parent, brother, sister, step-brother, step-sister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great" or the spouse of any of these persons even after the marriage has been terminated by death or dissolution. SUBMIT DOCUMENTS AND FOLLOW PROCEDURES BELOW FOR CORRESPONDING NUMBERS ABOVE: 1. RELATIVE GUARDIAN - PERSON OR PERSON/ESTATE a. Submit Order Directing or Waiving Investigation (SDSC Form #PR-063). Fill out order, check #1. b. Go to Family Court Services immediately to make an appointment. The investigation process will ordinarily take a minimum of six weeks. TAKE COPIES OF ALL GUARDIANSHIP DOCUMENTS WITH YOU. The address for FCS in San Diego is 1555 6th Avenue, 2nd floor. Tel. No. (619) 450-7888. Appointments will only be made in person. Prior to the investigation the investigation fee must be paid or waiver of the investigation fee obtained. Payments are to be made at the probate court business office, with checks made out to Clerk of the Court. Family Court Services cannot accept payment of the investigation fee. 2. NON-RELATIVE GUARDIAN - PERSON OR PERSON/ESTATE a. Submit the Order Directing or Waiving Investigation (SDSC Form #PR-063) to the Probate Department. Fill out order, check #2. Note: The probate court CANNOT waive the investigation fee payable to the Department of Health and Human Services. b. Send a copy of the petition and the Order Directing or Waiving Investigation to: Health and Human Services Agency, Guardianship Unit, 6950 Levant Street, San Diego, CA 92111. HHSA will send you a packet of material to complete and return prior to its investigation. 3. RELATIVE OR NON-RELATIVE GUARDIAN - ESTATE ONLY a. Submit Order Directing or Waiving Investigation (SDSC Form #PR-063) to the Business Office. Fill out order, check #3. b. Send copy of order to Court Investigator to initiate investigation. Tel. No. (619) 450-7676. c. Pay the investigation fee to the probate division and send receipt with above to the Probate Department at 1409 4th Avenue, attention: Court Investigator. 4. RELATIVE OR NON-RELATIVE GUARDIAN - ESTATE - WAIVER REQUESTED a. Submit a Probate Ex Parte Coversheet and Instructions (SDSC Form #PR-136), ex parte petition for waiver of investigation (on pleading paper-no form), Guardianship Questionnaire (SDSC Form #FCS-039), and Order Directing or Waiving Investigation (SDSC Form #PR-063) to the Probate Department. Fill out order but do NOT check a box. b. If waiver is denied, the party will receive a copy of the Order Directing or Waiving Investigation (SDSC Form #PR-063). The party will pay the investigation fee to the Probate Department. SDSC PR-061 (Rev. 5/13) INSTRUCTIONS TO PROPOSED GUARDIANS RE: GUARDIANSHIP INVESTIGATIONS PROB. CODE §1513 American LegalNet, Inc. www.FormsWorkFlow.com
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