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Exercise Extreme Caution when using many of our free forms - or any legal material. While they may provide general ideas on format & content, validity requirements can and do vary greatly from state to state. Many MUST be Properly Modified for your own location and circumstances. (Hint: If in doubt it's usually safer to include unneeded clauses than to leave out necessary ones. . . . but it's even safer to consult a competent source or use current, state specific ones like ours mentioned below.) Also, we urge people (and lawyers too) to read our Relying On Legal Info FAQ.

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[Attorney name]
[Address]
[Telephone number]

Attorney for Defendant, [name]

_ _ _ _ _ _ Court, County of _ _ _ _ _ _
[_ _ _ _ _ _ District]

_ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _
Plaintiff(s) )
v. ) PETITION FOR APPOINTMENT OF
) GUARDIAN AD LITEM FOR DEFENDANT
_ _ _ _ _ _ _ _ _ _ _ _ _ )
Defendant(s) )
____________________________)

Petitioner, [name], declares:

1. I am [a minor over age 14, born [date]/identify petitioner, showing any relationship to ward].

[Add if petitioner is not defendant]

2. Defendant, [name of ward], is [e.g., a minor under age 14/an incompetent person who is unable, without assistance, to defend this proceeding], born [date].

[Continue]

[3.] [I have/Name of ward has] been named as a defendant in this action for [briefly state nature of claim].

[4.] No previous petition for appointment of a guardian ad litem has been filed in this matter.

[Add if appropriate]
[Name] was appointed [guardian of the estate/conservator] for defendant by the Superior Court of _ _ _ _ _ _ County on [date], but has [declined/failed] to defend this action.

[Continue]

[5.] [I am/Name of proposed guardian ad litem is] qualified to serve as guardian ad litem for defendant for the following reasons: [Specify].

I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct.

Date: _ _ _ _ _ _ [Signature]
____________
[Typed name]
Petitioner

[Add if ward is age 14 or older or is incompetent person who is capable of consenting]

I consent to the appointment of [name] as my guardian ad litem in this proceeding.

Date: _ _ _ _ _ _ [Signature]
_________________
[Typed name]

[Add if proposed guardian ad litem is not petitioner]

CONSENT

I consent to act as guardian ad litem for [name of minor or incompetent]
in the above action.
Date: _ _ _ _ _ _ [Signature]
________________
[Typed name]

[Note: If a defendant other than the ward was named first in the complaint, that name should precede the ward's in the caption.]

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Relevant Laws We STRONGLY SUGGEST Checking Out
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