The California GC-320 form serves as a citation for conservatorship, initiating legal proceedings for individuals who may be unable to care for themselves or manage their finances. This form is crucial in ensuring that the rights of the proposed conservatee are protected while addressing their needs. If you need to fill out this form, click the button below.
The California GC 320 form plays a crucial role in the conservatorship process, particularly for individuals unable to manage their personal or financial needs. This form initiates legal proceedings by formally citing a proposed conservatee, requiring them to attend a court hearing. The hearing aims to determine whether the individual is incapable of providing for their personal health, safety, or financial resources. It outlines the rights of the proposed conservatee, including the right to oppose the petition, to have legal representation, and to understand the implications of the conservatorship. The form also details the potential consequences of being deemed incapable, such as the transfer of rights related to personal decision-making and financial management. Additionally, it emphasizes that individuals will not be disqualified from voting solely based on their need for assistance in the registration process. The form is designed to ensure that the proposed conservatee is informed of their rights and the nature of the proceedings, making it an essential document in the conservatorship framework in California.
GC-320
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE BAR NO.:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CONSERVATORSHIP OF THE
PERSON
ESTATE
of (name):
PROPOSED CONSERVATEE
CITATION FOR CONSERVATORSHIP
CASE NUMBER:
Limited Conservatorship
THE PEOPLE OF THE STATE OF CALIFORNIA,
To (name):
1.You are hereby cited and required to appear at a hearing in this court on
a.
Date:
Time:
Dept.:
Room:
b.
Address of court:
same as noted above
other (specify):
and to give any legal reason why, according to the verified petition filed with this court, you should not be found to be
unable to provide for your personal needs
unable to manage your financial resources
and by reason thereof,
why the following person should not be appointed
conservator
limited conservator
of your
person
estate (name):
2.A conservatorship of the person may be created for a person who is unable properly to provide for his or her personal needs for physical health, food, clothing, or shelter. A conservatorship of the property (estate) may be created for a person who is unable to resist fraud or undue influence, or who is substantially unable to manage his or her own financial resources. "Substantial inability" may not be proved solely by isolated incidents of negligence or improvidence.
3. At the hearing a conservator may be appointed for your
estate.
The appointment may affect or transfer to the conservator your right to contract, to manage and control your property, to give informed consent for medical treatment, to fix your place of residence, and to marry.
4.You may be disqualified from voting if you are found to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process. You will not be disqualified from voting on the basis that you do, or would need to do, any of the following to complete an affidavit of voter registration:
a.Sign the affidavit of voter registration with a mark or a cross, pursuant to Section 2150(b) of the Elections Code;
b.Sign the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code;
c.Complete the affidavit of voter registration with the assistance of another person pursuant to Section 2150(d) of the
Elections Code; or
d. Complete the affidavit of voter registration with reasonable accommodations.
5.The judge or the court investigator will explain to you the nature, purpose, and effect of the proceedings and answer questions concerning the explanation.
CONTINUED ON PAGE 2. THE CLERK'S SEAL IS ALSO ON THAT PAGE.
Page 1 of 3
Form Adopted for Mandatory Use Judicial Council of California GC-320 [Rev. July 1, 2016]
(Probate—Guardianships and Conservatorships)
Probate Code, § 1823
www.courts.ca.gov
6.You have the right to appear at the hearing and oppose the petition. You have the right to hire an attorney of your choice to represent you. The court will appoint an attorney to represent you if you are unable to retain one. You must pay the cost of that attorney if you are able. You have the right to a jury trial if you wish.
7.(For limited conservatorship only) In addition to the rights stated in item 6 above, you have the right to oppose the petition in part by objecting to any or all of the requested duties or powers of the limited conservator.
(SEAL)
Clerk, by
, Deputy
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for Accommodations by Persons With Disabilities and Order (form MC-410). (Civil Code section 54.8.)
GC-320 [Rev. July 1, 2016]
Page 2 of 3
PROOF OF SERVICE
1.At the time of service I was at least 18 years of age and not a party to this proceeding. I served copies of the Citation for Conservatorship and the Petition for Appointment of Probate Conservator (form GC-310) as follows:
2.a. Person cited (name):
b. Person served: (1)
(2)
person in item 2a
other (specify name and title or relationship to the person named in item 2a):
c. Address (specify):
3.I served the person named in item 2
by personally delivering the copies
(1) on (date):
(2) at (time):
by mailing the copies to the person served, addressed as shown in item 2c, by first-class mail, postage prepaid,
(1)
on (date):
from (city):
(3)
with two copies of the Notice and Acknowledgment of Receipt—Civil and a postage-paid return envelope
addressed to me. (Attach completed Notice and Acknowledgment of Receipt—Civil (form POS-015).)
(4)
to an address outside California with return receipt requested. (Attach completed return receipt.)
c.
other (specify other manner of service, and the authorizing code section and order of the court):
4.a. Person serving (name, address, and telephone number):
Fee for service: $
Not a registered California process server.
d.
Exempt from registration under Business and Professions Code section 22350(b).
e.
Registered California process server.
Employee or independent contractor.
Registration no. (specify):
County (specify):
Expiration (date):
5.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
6.
I am a California sheriff or marshal and I certify that the foregoing is true and correct.
(SIGNATURE OF PERSON SERVING)
Page 3 of 3
After completing the California GC-320 form, it will need to be submitted to the appropriate court. Ensure all sections are filled out accurately to avoid delays in the process. Once submitted, a hearing will be scheduled where further legal proceedings will take place.
What is the purpose of the California GC 320 form?
The California GC 320 form serves as a citation for conservatorship. It is used to notify an individual, referred to as the proposed conservatee, about a court hearing regarding their ability to manage personal and financial matters. The form outlines the reasons for the conservatorship petition and informs the proposed conservatee of their rights during the legal process.
Who is required to appear at the hearing indicated on the GC 320 form?
The proposed conservatee, whose name is specified in the citation, is required to appear at the hearing. This individual must provide legal reasons as to why they should not be deemed unable to manage their personal needs or financial resources. Failure to appear may result in the court proceeding without their input.
What rights does a proposed conservatee have during the conservatorship proceedings?
A proposed conservatee has several rights throughout the proceedings. They can oppose the petition, hire an attorney of their choice, and request the court to appoint an attorney if they cannot afford one. Additionally, they have the right to a jury trial and can contest any specific duties or powers requested for the conservator, especially in cases of limited conservatorship.
What are the implications of being placed under conservatorship as outlined in the GC 320 form?
If a conservatorship is granted, the appointed conservator may gain significant control over the proposed conservatee's personal and financial affairs. This includes the ability to manage property, make medical decisions, and determine living arrangements. Such an arrangement can significantly impact the proposed conservatee's autonomy and rights.
How can a proposed conservatee prepare for the hearing indicated on the GC 320 form?
Preparation for the hearing involves understanding the contents of the GC 320 form and the implications of the conservatorship. The proposed conservatee should consider gathering evidence or documentation to support their case, possibly seeking legal counsel to navigate the process effectively. It is also advisable to prepare questions for the judge or court investigator regarding the proceedings.
Filling out the California GC-320 form can feel overwhelming, especially when the stakes are high. One common mistake people make is not providing complete information. Each section of the form is essential for the court to understand the case fully. Missing details, such as the correct name of the proposed conservatee or the case number, can lead to delays or even rejection of the application. Always double-check that every required field is filled out accurately.
Another frequent error is failing to serve the necessary parties correctly. The form requires proof of service, which means that all relevant individuals must be notified about the conservatorship proceedings. If this step is overlooked or done improperly, it could undermine the entire process. It’s crucial to follow the guidelines for serving documents, including the method of delivery and the timing, to ensure everyone is informed.
People also tend to ignore the deadlines associated with the form. Each step of the conservatorship process has specific timelines that must be adhered to. Missing a deadline can lead to significant setbacks, including having to restart the process. Keeping a calendar with important dates can help manage these timelines effectively.
Lastly, many individuals underestimate the importance of legal representation. While it’s possible to fill out the GC-320 form without an attorney, having legal guidance can make a substantial difference. An attorney can provide clarity on complex issues, help avoid common pitfalls, and ensure that the form is completed correctly. Even if you think you can handle it alone, consulting with a legal professional can save time and prevent costly mistakes down the line.
The California GC-320 form is a crucial document used in conservatorship cases. It serves as a citation for individuals who may need a conservator appointed to manage their personal and financial affairs. Several other forms and documents often accompany the GC-320 to ensure that the process is thorough and legally sound. Below is a list of these related documents.
Each of these forms plays a significant role in the conservatorship process, helping to protect the rights and interests of the proposed conservatee. Understanding these documents can make navigating the legal landscape easier for all parties involved.
The California GC-320 form, known as the Citation for Conservatorship, serves a specific purpose in legal proceedings related to conservatorships. Several other documents share similar functions or contexts within the legal framework. Below is a list of nine documents that are comparable to the GC-320 form, along with a brief explanation of how they relate.
These documents collectively contribute to the legal processes surrounding conservatorships and guardianships, ensuring that individuals' rights and needs are addressed throughout the proceedings.
When filling out the California GC 320 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here is a list of things you should and shouldn't do:
Here are four common misconceptions about the California GC-320 form:
In reality, the form can be used for both limited and full conservatorships. A limited conservatorship is specifically designed for individuals with disabilities who may need help with certain aspects of their lives, while still retaining some independence.
This is not true. While a conservatorship does transfer some decision-making powers to the conservator, the proposed conservatee retains certain rights. They can still oppose the petition and have the right to legal representation.
Many people believe that conservatorships are only for those who are completely unable to care for themselves. However, conservatorships can also be established for individuals who are substantially unable to manage their financial resources or personal needs.
Some assume that once a conservatorship is established, it cannot be changed. In fact, conservatorships can be modified or terminated if circumstances change or if the proposed conservatee regains the ability to manage their affairs.
Here are key takeaways about filling out and using the California GC-320 form:
Understanding these points will help you navigate the conservatorship process more effectively.