The California GC-340 form is a legal document used in conservatorship proceedings to appoint a successor conservator for an individual who may be unable to manage their personal or financial affairs. This form is essential in ensuring that the conservatee's needs are met and that the appointed conservator has the necessary authority to act on their behalf. For those needing to fill out this form, please click the button below.
The California GC 340 form plays a crucial role in the legal process of appointing a successor conservator, particularly in cases involving conservatorship of individuals who may not be able to manage their personal or financial affairs. This form is primarily utilized in the Superior Court of California and is essential for ensuring that the rights and needs of the conservatee are adequately represented and protected. It outlines various details, including the names and contact information of the parties involved, the judicial officer presiding over the case, and the specific reasons for the conservatorship appointment. Key aspects of the form include the need for a hearing, the requirements for notifying all relevant parties, and the court's findings regarding the conservatee's capacity to make decisions. The GC 340 also addresses the powers granted to the successor conservator, which may include managing the conservatee's estate and making decisions related to their health care. Importantly, the form emphasizes that the appointment is not effective until official letters of conservatorship have been issued, ensuring that all legal protocols are followed to protect the interests of the conservatee.
GC-340
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
(name):
CONSERVATEE
ORDER APPOINTING
SUCCESSOR
CASE NUMBER:
PROBATE CONSERVATOR OF THE
PERSON
ESTATE
Limited Conservatorship
WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.
1. The petition for appointment of
successor
conservator came on for hearing as follows
(check boxes c, d, e, and f or g to indicate personal presence):
a.
Judicial officer (name):
b.
Hearing date:
Time:
Dept.:
Room:
c.
Petitioner (name):
d.
Attorney for petitioner (name):
e.
Attorney for
person cited
the conservatee on petition to appoint successor conservator:
(Name):
(Telephone):
(Address):
f.
Person cited was
present.
unable to attend.
g.
The conservatee on petition to appoint successor conservator was
THE COURT FINDS
able but unwilling to attend.
out of state.
not present.
2.All notices required by law have been given.
3.Granting the conservatorship is the least restrictive alternative needed for the protection of the conservatee.
4.(Name):
is unable properly to provide for his or her personal needs for physical health, food, clothing, or shelter.
is substantially unable to manage his or her financial resources or to resist fraud or undue influence.
5.
has voluntarily requested appointment of a conservator and good cause has been shown for the appointment.
The conservatee
is an adult.
will be an adult on the effective date of this order.
is a married minor.
6.
is a minor whose marriage has been dissolved.
There is no form of medical treatment for which the conservatee has the capacity to give an informed consent.
7.
The conservatee is an adherent of a religion defined in Probate Code section 2355(b).
Granting the
successor conservator powers to be exercised independently under Probate Code section 2590
is to the advantage and benefit and in the best interest of the conservatorship estate.
8.
The conservatee cannot communicate, with or without reasonable accommodations, a desire to participate in the voting
process.
Do NOT use this form for a temporary conservatorship.
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Form Adopted for Mandatory Use Judicial Council of California GC-340 [Rev. January 15, 2016]
ORDER APPOINTING PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)
Probate Code, §§ 1830, 2688 www.courts.ca.gov
9.
10.
11.
12.
13.
14.
15.
16.
17.
The conservatee has dementia as defined in Probate Code section 2356.5, and the court finds all other facts required to
make the orders specified in item 28.
Attorney (name):
has been appointed by the court as legal
counsel to represent the conservatee in these proceedings. The cost for representation is: $
The conservatee has the ability to pay
all
none
a portion of this sum (specify): $
The conservatee need not attend the hearing.
The appointed court investigator is (name):
(Address and telephone):
(For limited conservatorship only) The limited conservatee is developmentally disabled as defined in Probate Code section
1420.
The
conservator is a professional fiduciary as defined by Business and Professions Code section
6501(f).
conservator
holds a valid, unexpired, unsuspended license as a professional fiduciary issued by
the Professional Fiduciaries Bureau of the California Department of Consumer Affairs under chapter 6 (commencing with
section 6500) of division 3 of the Business and Professions Code.
License no.:
Issuance or last renewal date:
Expiration date:
(Either a, b, or c must be checked):
conservator is not the spouse of the conservatee.
conservator is the spouse of the conservatee and is not a party to an action or proceeding
against the conservatee for legal separation, dissolution, annulment, or adjudication of nullity of their marriage.
conservator is the spouse of the conservatee and is a party to an action or proceeding against
the conservatee for legal separation, dissolution, annulment, or adjudication of nullity of their marriage.
It is in the best interest of the conservatee to appoint the spouse as
successor conservator.
conservator is not the domestic partner or former domestic partner of the conservatee.
conservator is the domestic partner of the conservatee and has neither terminated nor
intends to terminate their domestic partnership.
conservator is the domestic partner or former domestic partner of the conservatee and intends
to terminate or has terminated their domestic partnership. It is in the best interest of the conservatee to appoint the
domestic partner or former domestic partner as
conservator.
THE COURT ORDERS
18.a. (Name): (Address):
is appointed
b.(Name):
limited conservator
of the PERSON of (name):
and Letters of Conservatorship shall issue upon qualification.
of the ESTATE of (name):
19. The conservatee need not attend the hearing.
20. a. Bond is not required.
b. Bond is fixed at: $
c. Deposits of: $
and receipts shall be filed. No withdrawals shall be made without a court order. Additional orders in attachment 20c.
GC-340 [Rev. January 15, 2016]
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20.(cont.)
without a specific court order.
21.
For legal services rendered,
to (name):
conservator is not authorized to take possession of money or any other property
conservatee
conservatee's estate
shall pay the sum of: $
forthwith
as follows (specify terms, including any combination of payors):
22.
23.
24.
25.
26.
27.
28.
29.
30.
Continued in attachment 21.
The conservatee is disqualified from voting.
The conservatee lacks the capacity to give informed consent for medical treatment and the
conservator of the person is granted the powers specified in Probate Code section 2355.
The treatment shall be performed by an accredited practitioner of a religion as defined in Probate Code
section 2355(b).
successor conservator of the estate is granted authorization under Probate Code section 2590 to exercise
independently the powers specified in attachment 24
subject to the conditions provided.
Orders relating to the capacity of the conservatee under Probate Code sections 1873 or 1901 as specified in attachment 25 are granted.
Orders relating to the powers and duties of the
successor conservator of the person under Probate Code
sections 2351–2358 as specified in attachment 26 are granted. (Do not include orders under Probate Code section 2356.5 relating to dementia.)
Orders relating to the conditions imposed under Probate Code section 2402 on the
successor conservator
of the estate as specified in attachment 27 are granted.
conservator of the person is granted authority to place the conservatee in a care or
nursing facility described in Probate Code section 2356.5(b).
conservator of the person is granted authority to authorize the administration of
medications appropriate for the care and treatment of dementia described in Probate Code section 2356.5(c).
Other orders as specified in attachment 29 are granted.
The probate referee appointed is (name and address):
31.
(For limited conservatorship only)
limited conservator of the person under Probate Code section 2351.5 as specified in attachment 31 are granted.
32.
(For limited conservatorship only) Orders relating to the powers and duties of the
limited conservator of the estate under Probate Code section 1830(b) as specified in attachment 32 are granted.
33.
(For limited conservatorship only) Orders limiting the civil and legal rights of the limited conservatee as specified in
attachment 33 are granted.
34.
This order is effective on the
date signed
date minor attains majority
(specify):
35.Number of boxes checked in items 18–34:
36.Number of pages attached:
Date:
JUDICIAL OFFICER
SIGNATURE FOLLOWS LAST ATTACHMENT
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For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Completing the California GC 340 form involves several specific steps to ensure that all necessary information is accurately provided. Following these steps will facilitate the processing of the conservatorship appointment.
After completing the form, it is essential to review all entries for accuracy. Once finalized, submit the form to the appropriate court for processing. Keep a copy for your records and ensure that any required attachments are included with the submission.
What is the purpose of the California GC 340 form?
The California GC 340 form is used to appoint a successor conservator for an individual who is unable to manage their personal or financial affairs due to incapacity. This form ensures that the conservatorship is established in a manner that protects the interests of the conservatee, ensuring their needs are met while respecting their rights.
Who needs to fill out the GC 340 form?
The form must be filled out by an attorney or a party without an attorney who is seeking to appoint a successor conservator. This typically involves individuals or professionals who have been involved in the conservatorship process and are now seeking to transfer responsibilities to another conservator due to various circumstances, such as the current conservator's inability to continue in the role.
What information is required on the GC 340 form?
The form requires detailed information including the names and contact information of the parties involved, the judicial officer presiding over the case, and the specifics of the conservatorship. It also necessitates a declaration of the conservatee's condition and the reasons for the appointment of a successor conservator, ensuring that all legal requirements are met.
What happens after the GC 340 form is submitted?
Once the GC 340 form is submitted, a hearing will be scheduled. During this hearing, the court will review the petition and determine whether to grant the appointment of the successor conservator. It is essential that all required notices are given prior to the hearing to ensure that all interested parties are informed and can participate in the process.
Can the conservatee attend the hearing?
The conservatee is not required to attend the hearing. However, if they are able, their presence may be beneficial. The court may also appoint legal counsel to represent the conservatee during the proceedings, ensuring that their rights and interests are adequately protected.
What are the potential outcomes of the hearing?
The court may grant the appointment of the successor conservator, deny the petition, or request additional information before making a decision. If the appointment is granted, the successor conservator will be given specific powers and responsibilities to act in the best interest of the conservatee, as outlined in the court's order.
Is there a cost associated with filing the GC 340 form?
Yes, there may be costs associated with filing the GC 340 form, including court fees and potentially attorney fees if legal representation is involved. The conservatee may be responsible for these costs, depending on their financial situation and the court's determinations regarding their ability to pay.
Filling out the California GC-340 form can be a daunting task, and several common mistakes can lead to complications or delays in the conservatorship process. One frequent error occurs when individuals fail to provide complete and accurate information in the required fields. Each section of the form, from the petitioner’s details to the conservatee’s information, must be filled out thoroughly. Omitting even a single piece of information can result in the form being rejected or returned for correction.
Another mistake is the improper selection of checkboxes. The form contains several critical questions that require specific answers, often indicated by checking a box. If a checkbox is inadvertently left unchecked or if the wrong box is selected, it can lead to misunderstandings about the conservatorship's nature or the conservatee's condition. This miscommunication can create unnecessary legal hurdles.
Many people also overlook the importance of signatures. The form requires signatures from various parties, including the petitioner and any attorneys involved. Neglecting to sign the document can render it invalid. Additionally, failing to ensure that all required parties have signed can cause significant delays in processing the application.
Another common oversight is not providing sufficient supporting documentation. The GC-340 form often requires additional attachments, such as medical evaluations or financial statements. Failing to include these documents can lead to a lack of evidence supporting the need for conservatorship, which may ultimately affect the court's decision.
Some individuals may also misunderstand the legal terminology used in the form. This misunderstanding can lead to incorrect responses, particularly in sections that require specific legal knowledge about the conservatee's condition or rights. It is crucial to read the instructions carefully and seek clarification if necessary.
Moreover, people sometimes misinterpret the requirements for notifying interested parties. The form mandates that all necessary parties be notified of the proceedings. Failing to properly notify these individuals can result in objections or appeals, complicating the process further.
Lastly, individuals often neglect to double-check their work before submission. Simple typographical errors or incorrect entries can lead to significant issues. Taking the time to review the completed form can help catch mistakes that might otherwise go unnoticed.
In conclusion, while the California GC-340 form is essential for establishing a conservatorship, it is vital to approach its completion with care. Avoiding these common mistakes can facilitate a smoother process and ensure that the conservatorship is established without unnecessary complications.
The California GC-340 form is used to appoint a successor conservator for individuals who are unable to manage their personal or financial affairs. It is often accompanied by other important documents that provide necessary information and support the conservatorship process. Below is a list of documents commonly used alongside the GC-340 form.
These documents work together to ensure that the conservatorship process is thorough, transparent, and legally sound. Each form plays a crucial role in protecting the rights and interests of the conservatee while providing the necessary framework for the appointed conservator to fulfill their duties effectively.
The California GC-340 form is essential for appointing a successor conservator. Several other documents share similarities in purpose and structure. Here’s a list of those documents:
When filling out the California GC-340 form, it is important to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do:
This form is specifically designed for permanent conservatorships, not temporary ones. Using it for a temporary conservatorship can lead to complications and potential legal issues.
In many cases, the conservatee does not need to be present at the hearing. The court can proceed without their attendance, depending on the circumstances.
Filing the GC-340 form does not automatically result in the appointment of a conservator. The court must find sufficient evidence and justification to grant the appointment.
While professional fiduciaries can serve as conservators, individuals who are not professionals may also be appointed, provided they meet certain criteria and are deemed suitable by the court.
While it is possible to fill out the form independently, seeking legal assistance is highly recommended. The complexities involved in conservatorship matters can be challenging to navigate without expert guidance.
A conservatorship is intended to assist individuals who cannot manage their own affairs. However, it does not strip away all rights. The conservatee retains certain rights unless specifically limited by the court.
The GC-340 form is one part of a larger process. Additional documents and filings may be necessary to complete the conservatorship process, including notices and other court forms.
When it comes to filling out and utilizing the California GC-340 form, there are several important points to keep in mind. This form is crucial for the appointment of a successor conservator, and understanding its requirements can help streamline the process.
By keeping these key takeaways in mind, you can navigate the GC-340 form with confidence and ensure that the conservatorship process is handled appropriately.