Filing for Conservatorship - PowerPoint Presentation

Slide1

Filing for Conservatorship

Basics

Probate Court is on the 3d floor of the courthouse located at 1130 O Street Fresno, CA 93724. All papers should be filed at that location

At the end of each document, except GC-340 Order Appointing Conservator, print your name, sign your name and give the date that you completed the form

When you have completed each form, make 3 copies of the entire form. Put the complete original form on top, followed by each complete copy

Use the same name and address on all forms. BE CONSISTENT

Cost of Filing for Conservatorship

Initial

filing fee:

$395

Court Investigator’s Fee: $930 (this fee is based on the

c’tee’s

income and is charged to the estate after the

c’ship

is granted)

Fee waivers are available for the filing fees for those on public assistance or with qualifying incomes

Service

The

c’tee

, certain relatives and sometimes other agencies must be served with copies of the Petition and Notice of Hearing

Documents must be served by someone over the age of 18 who is not a party to the case. YOU MAY NOT SERVE DOCUMENTS YOURSELF IF YOU ARE THE PETITIONER

The server completes the Proof of Service form on the back of the Notice of Hearing, then returns it to the Petitioner

Petitioner must file the complete Notice of Hearing form with the Proof of Service on the back with the court before the hearing or hearing may be postponed

The Notice of Hearing and Petition must be served

at least 15 days before the hearing and may be served by mail.

Due Diligence

Petitioner should make significant efforts to locate all people who need to be served

Look in phone book, internet, relatives, friends, past landlords, past employers, tax records

Keep records of all attempts to locate missing people

If unable to locate, use Declaration of Due

Diligence and Application and Order Dispensing

with Notice

Forms Required to File for Conservatorship

GC-310 Petition for Appointment of Probate Conservator

GC-020 Notice of Hearing

GC-320 Citation for Conservatorship

GC-314 Confidential Conservator Screening Form

GC-312 Confidential Supplemental Information

GC-335 Capacity Declaration (for dementia powers/medical consent only)

GC-348 Duties of Conservator

Video certificate

GC-340 Order Appointing Conservator

GC-350 Letters of Conservatorship

GC-341 Notice of

Conservatee’s

Rights

GC-355 Determination of

Conservatee’s

Appropriate Level of Care

GC-310 Petition for Appointment of Probate Conservator

Must be served on the following family members of the

c’tee

: spouse/domestic partner, parents, grandparents, siblings, children, and grandchildren

If serving any minors (under the age of 12), the parent must also be served if not already getting served

Must be served at least 15 days before the hearing date

If

c’tee

is developmentally disabled, must be served on director of local Regional Center for the Developmentally Disabled (at least 30 days before hearing)

If

c’tee

is eligible for VA benefits, must be served on the Office of Veterans Administration having jurisdiction in

the area

GC-020 Notice of Hearing

Complete the first page of the form, except for item 4

The Clerk will add the date of the hearing in item 4 when you file your documents

A copy of the Notice should be served on all required family members and agencies along with the Petition

Whoever performs the service should complete the Proof of Service on the second page of the Notice of Hearing form and the both pages should be filed with the court before the hearing date

GC-320 Citation for Conservatorship

A copy should be personally served on the proposed

c’tee

along with the Petition

Must be served at least 15 days before the hearing

Whoever performs the service should complete the Proof of Service on the

second page

of the

Citation

form and

both pages should

be filed with the court before the hearing date

GC-312 Confidential Supplemental Information

Is not a part of the public record

Addresses the reasons for the

c’ship

Should “specify [the need] in detail, enlarging upon the reasons [for the

c’ship

] stated in the petition; provide specific examples from the proposed

conservatee’s

daily life showing significant behavior patterns.”

GC 314 Confidential Conservator Screening Form

Information on form is confidential and is available only to court and investigators

Be truthful on this form. Getting caught being untruthful can hurt your

c’ship

application

I

f any of the statements do apply, you do have opportunity to explain the circumstances

GC-335 Capacity Declaration

Necessary when conservator is requesting dementia medication or secure facility placement in the petition

Should be completed by a doctor, psychologist or religious healing practitioner

If proposed

c’tee

has dementia and you are requesting dementia medication or placement in a secure-perimeter facility, should be accompanied by form GC-335A Dementia Attachment

Even when not required, can be useful to establish need for

c’ship

, but specific powers need to be requested in the petition

Required when

c’tee

will:

Be unable to attend the hearing

Lacks capacity to give informed consent to medical treatment

Has dementia or would benefit from dementia medications or placement in a secured perimeter facility

GC-348 Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators

You must obtain a copy of the Judicial Council’s

Handbook for Conservators

and read it.

http

://www.courts.ca.gov/documents/handbook.pdf

Once you have done so, read this form, sign it and file it with the clerk

Video Certificate

Must view a short conservatorship video

Tuesdays at 8:15 A.M. at the probate department

You will receive a certificate that you have viewed the video, which is filed with the court

GC-340 Order Appointing Probate Conservator

Grants the

c’ship

and indicates the findings of the court and the conditions of the

c’ship

Prepared by the proposed conservator, but is signed by the judge. DO NOT SIGN THIS FORM

After the Order has been signed it must be served, along with GC-341, on all persons on whom the petition was served, including the

c’tee

within 30 days after being issued

GC-341 Notice of

Conservatee’s Rights

Must be served with GC-340 Order Appointing Conservator within 30 days after the Order is issued

Must be served to all people who received the Petition and Notice of Hearing, including the

c’tee

Proof of Service on the second page of the form should be completed by server and then filed with the court by the Petitioner

GC-350 Letters of Conservatorship

Official document used to indicate to banks, health care providers, etc. that the conservator has powers of

c’ship

Within 90 days Conservator of the Estate must record a certified copy of the Letters with county recorder’s office in each county in which

c’tee

owns property

[COST? # of Certified copies?]

GC-355 Determination of Conservatee’s

Appropriate Level of Care

Must be submitted to the court within 60 days of being appointed Conservator

Includes an evaluation of the level of care when the petition is filed and measures necessary to keep

c’tee

in his/her home

If

c’tee

is not living in his/her own home when petition is filed, must include either a plan to return

c’tee

to his/her residence or an explanation of why the

c’tee

cannot return

Temporary Conservatorship

Used in emergency situations when immediate powers are needed to ensure

c’tee’s

well-being and estate

Typically lasts until full

c’ship

is granted

Must be filed at same time as full

c’ship

Forms for Temporary Conservatorship

All forms for regular

c’ship

GC-111 Petition for Appointment of Temporary Conservator

GC-141 Order Appointing Temporary Conservator

GC-150 Letters of Temporary Guardianship or Conservatorship

Service

Notice of Hearing and Petition for temporary

c’ship

must be personally served on

c’tee

at least 5 court days before the hearing date

All persons required to be served the regular Petition and Notice of Hearing must also be served with Petition and Notice for temporary

c’ship

Limited C’ship

Only for adults with developmental disabilities (not including mental illness)

Designed to give the conservator ONLY the powers that the

c’tee

is unable to exercise him or herself

The petition must specify which powers are to be taken from the

c’tee

and given to the conservator

Requires 30 days’ notice to the Regional Center

Proposed

c

’tee

must be represented by legal counsel (may be court appointed if

c’tee

is unable to pay)