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GC-310 Petition for Appointment of Probate Conservator



This is the form that gets the process started for Guardianship (below age 18 and someone other than parents –CA) and Conservatorship (above age 18).

You should complete the form similar to the example if you are a parent(s) requesting conservatorship of their disabled child. Not all entries in the example are commented on in the page notes as many are self-explanatory.

Form Links

Filled in Example GC-310 Form- You can edit it to your situation, print, and file it at your local California Superior Court. The form is the same as the one you can get from a California Superior Court Website.

Blank GC-310 Form

http://www.courts.ca.gov/forms.htm?filter=GC California Probate Conservatorship Complete List Downloadable

Content

GC-310 Page 1

GC-310 Page 2

GC-310 Page 3

GC-310 Page 4

GC-310 Page 5

GC-310 Page 6

GC-310 Page 7

GC-310 Page 8

GC -310 Attachments Instructions

GC-310 Form in HTML so it can be Translated

form gc-310 page 1

Page 1 Notes:

First box Name: if name includes two people, first and last name of each person even if both share the same last name.

In Attorney for (name): Petitioner(s), in Pro Per.

Add or delete the “s” after Petitioner depending on the number of petitioner(s).
Pro per- short for "propria persona”, which is Latin for "for oneself,"

Branch Name: Probate (Branch could be different in other states)

In the box Conservatorship of (name): Use full name of the conservatee.

*Note Case Number box. When you file you will get a case number. This case number will be yours for your entire conservatorship. You will use the number on all forms or when your case needs to be looked up on a computer. It will look like this: PCN-16-123456 (Probate Case Number-Year Filed-Case Identifier).

1. c. (1) bond not be required for reasons stated in attachment 1c. This is in GC-310 attachments which you can use. Example:

ATTACHMENT lc TO PETITION: ALLEGATION REGARDING BOND

“As the Conservatee possesses no estate and only receives public benefits, Petitioners respectfully request that bond be waived in this matter.”

You will have to delete “and only receives public benefits” if this is not the case.

A common mistake is marking the box 1. g. for transferring the rights of medical treatment to the conservator under Probate Code section § 2355. You will do this under 1. h. (for limited conservatorship only) under Probate Code section § 2351.5 and not 1.g. If you do make the mistake of checking both boxes you will have to refile the GC-310 form correctly after your hearing. This will be noted in the court’s investigators report if there is this conflict.

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form gc-310 page 2

Page 2 Notes:

1. h. This is the box that needs to be checked. It refers to Probate Code section § 2351.5:

(a) Subject to subdivision (b): (b) A limited conservator does not have any of the following powers or controls over the limited conservatee unless those powers or controls are specifically requested in the petition for appointment of a limited conservator and granted by the court in its order appointing the limited conservator:

(c) Any limited conservator, the limited conservatee, or any relative or friend of the limited conservatee may apply by petition to the superior court of the county in which the proceedings are pending to have the limited conservatorship modified by the elimination or addition of any of the powers which must be specifically granted to the limited conservator pursuant to subdivision (b). The petition shall state the facts alleged to establish that the limited conservatorship should be modified. The granting or elimination of those powers is discretionary with the court. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.

(d) The limited conservator or any relative or friend of the limited conservatee may appear and oppose the petition. The court shall hear and determine the matter according to the laws and procedures relating to the trial of civil actions, including trial by jury if demanded. If any of the powers which must be specifically granted to the limited conservator pursuant to subdivision (b) are granted or eliminated, new letters of limited conservatorship shall be issued reflecting the change in the limited conservator’s powers.
(Amended by Stats. 2005, Ch. 418, Sec. 28. Effective January 1, 2006.)

1. h. Refers to “(specific orders, powers, and duties in Attachment 1h and complete item 1j)” is confusing but you are applying for a limited conservatorship so you are using the above Probate Code section 2351.5. An example of Attachment 1j is reproduced below but is also in the download GC-310 attachment. You can use the example attachments and delete powers that you want the proposed conservatee to keep.

ATTACHMENT lj TO PETITION: ORDERS LIMITING THE CIVIL AND LEGAL RIGHTS OF THE PROPOSED LIMITED CONSERVATEE:

1. j. refers to the same attachment 1 j above but orders the limiting of the civil and legal rights of the (proposed) conservatee while 1 h grants these to the conservator.

3. b. Will change depending on circumstances but the example is typical of parent(s) asking for conservatorship of their now adult child.

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form gc-310 page 3

Page 3 Notes:

3. f. Attachment 3f(1) example:

ATTACHMENT 3f(l) TO PETITION: PROPOSED CONSERVATEE'S RELATIVES

This will be further explained at Paragraph 11, page 7.

3.f. Attachment 3f(2) example:

ATTACHMENT 3f(2) TO PETITION: ALLEGATIONS REGARDING PROPOSED CONSERVATEE'S PREFERENCES CONCERNING THE APPOINTMENT OF ANY CONSERVATOR AND OF THE PROPOSED CONSERVATOR

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form gc-310 page 4

Page 4 Notes:

4. c. needs to be filled in if the conservatee is a member of a federally recognized Indian tribe.

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form gc-310 page 5

Page 5 Notes:

5. c. (1) Attachment 5c(1) and 5c(2) example:

ATTACHMENT 5c(l) and 5c(2): FACTS IN SUPPORT

This is where something like Operating Instructions can be attached. The court investigator will use this attachment to ask follow up questions and for their report. If your attachment is factual detailed it will make the court investigator’s job easier.

You can use the space provided on the form with no attachments for both 5c(1) and 5c(2)

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form gc-310 page 6

Page 6 Notes:

5.f. refers to § Probate Code section 1420:

1420. "Developmental disability" means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial handicap for the individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term includes intellectual disability, cerebral palsy, epilepsy, and autism. This term also includes handicapping conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but does not include other handicapping conditions that are solely physical in nature.

5.f. refers to Probate Code section § 1827.5:

1827.5.

(a) In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a regional center as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. The regional center shall submit a written report of its findings and recommendations to the court.

(b) In the case of any proceeding to establish a general conservatorship for a person with developmental disabilities, the regional center, with the consent of the proposed conservatee, may prepare an assessment as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. If an assessment is prepared, the regional center shall submit its findings and recommendations to the court.

(c) A report prepared under subdivision (a) or (b) shall include a description of the specific areas, nature, and degree of disability of the proposed conservatee or proposed limited conservatee. The findings and recommendations of the regional center are not binding upon the court.

In a proceeding where the petitioner is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or a spouse or employee of a provider, or is not the natural parent of the proposed conservatee or proposed limited conservatee, and is not a public entity, the regional center shall include a recommendation in its report concerning the suitability of the petitioners to meet the needs of the proposed conservatee or proposed limited conservatee.

(d) At least five days before the hearing on the petition, the regional center shall mail a copy of the report referred to in subdivision (a) to all of the following:

(e) The report referred to in subdivisions (a) and (b) shall be confidential and shall be made available only to parties listed in subdivision (d) unless the court, in its discretion, determines that the release of the report would serve the interests of the conservatee who is developmentally disabled. The clerk of the court shall make provision for limiting disclosure of the report exclusively to persons entitled thereto under this section.
(Amended by Stats. 2002, Ch. 784, Sec. 579. Effective January 1, 2003.)

ATTACHMENT 5(f) TO PETITION: ALLEGATIONS REGARDING NATURE AND DEGREE OF CONSERVATEE'S DEVELOPMENTAL DISABILITY

Note: You will need to make a change in the attachment of man/woman to one of those.

8. (Proposed) conservatee attendance to the court hearing will have to be filled out as appropriate. It is good to have the proposed conservatee attend the court hearing so that the court can meet the person. Regardless the proposed conservatee will have a court appointed attorney to represent your child/adult.

9.b. Capacity Declaration –Conservatorship (form GC-335) will be tackled later. It can be filed with this initial petition or between this filing and the court date.

9.d. Refers to § Probate Code section 2355(b):

(b) If prior to the establishment of the conservatorship the conservatee was an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing, the treatment required by the conservator under the provisions of this section shall be by an accredited practitioner of that religion.

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form gc-310 page 7

Page 7 Notes:

11. If two parents, list each separately. List of second-degree relatives of the proposed conservatee that are alive if none or some are alive you can state so as in the example GC-310.

Probate Code § 1821 (b) (1-4)
(b) The petition shall set forth, so far as they are known to the petitioner or proposed conservator, the names and addresses of the spouse or domestic partner, and of the relatives of the proposed conservatee within the second degree. If no spouse or domestic partner of the proposed conservatee or relatives of the proposed conservatee within the second degree are known to the petitioner or proposed conservator, the petition shall set forth, so far as they are known to the petitioner or proposed conservator, the names and addresses of the following persons who, for the purposes of Section 1822, shall all be deemed to be relatives:

   (1) A spouse or domestic partner of a predeceased parent of a proposed conservatee.
   (2) The children of a predeceased spouse or domestic partner of a proposed conservatee.
   (3) The siblings of the proposed conservatee's parents, if any, but if none, then the natural and adoptive children of the proposed conservatee's parents' siblings.
   (4) The natural and adoptive children of the proposed conservatee's siblings.

If you have more second degree relatives to the proposed conservatee you can check the box “Continued on Attachment 11” and add the attachment with additional names and addresses.

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form gc-310 page 8

Page 8 Notes:

12. Refers to Confidential Conservator Screening Form (form GC-314) which will be tackled later.

Sign. (All petitioners must also sign (Prob. Code § 1020; Ca. Rules of Court, rule 7.103))

1020. Except as provided in Section 1023, a petition, objection, response, report, or account filed pursuant to this code shall be in writing, signed by all of the petitioners, objectors, or respondents or by all of the persons making the report or account, and filed with the court clerk. Verification of a document shall constitute signature of that document, unless expressly provided to the contrary.

1023. If a petitioner, objector, or respondent is absent from the county or for some other cause is unable to sign or verify a petition, objection, or response filed pursuant to this code, the person's attorney may sign or verify the petition, objection, or response unless the person is a fiduciary appointed in the proceeding.

2016 California Rules of Court

Rule 7.103. Signature and verification of pleadings
(a) Signature of parties

A pleading must be in writing and must be signed by all persons joining in it.

(b) Verification by parties

All pleadings filed in proceedings under the Probate Code must be verified. If two or more persons join in a pleading, it may be verified by any of them.

(c) Signature and verification by attorney

If a person is absent from the county where his or her attorney's office is located, or for some other cause is unable to sign or verify a pleading, the attorney may sign or verify it, unless the person is, or is seeking to become, a fiduciary appointed in the proceeding.

Rule 7.103 adopted effective January 1, 2003.

GC-310 Attachments Instructions

If you use the example GC-310 Attachments and custom it to your situation, do not forget to change name Terry Morgan Doe in the page footer to the proposed conservatee’s name.

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GC-310 Form in HTML so it can be Translated

The GC-310 form is reproduced here in html so that it can easily be translated into multiple languages. You can not use this form to submit to court in any language. You have to use the GC-310 pdf form and English.

GC-310

 ATTORNEY OR PARTY WITHOUT ATTORNEY:     STATE BAR NO.:
 NAME: John Doe & Jane Doe
 FIRM NAME:
 STREET ADDRESS: 1234 ABC Street
 CITY: San Francisco           STATE: CA             ZIP CODE: 94102
 TELEPHONE NO.: 415-123-4567          FAX NO.:
 E-MAIL ADDRESS: info@raisingautism.net
 ATTORNEY FOR (name): Petitioners, In Pro Per

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
 STREET ADDRESS: 400 MCALLISTER STREET
 MAILING ADDRESS: 400 MCALLISTER STREET
 CITY AND ZIP CODE: SAN FRANCISCO, CA 94102
 BRANCH NAME: PROBATE
 CONSERVATORSHIP OF
 (name): Terry Morgan Doe

(PROPOSED) CONSERVATEE  


PETITION FOR APPOINTMENT OF small form box SUCCESSOR
PROBATE CONSERVATOR OF THE small form box check PERSON  small form box ESTATE
small form box check Limited Conservatorship

 FOR COURT USE ONLY




















 CASE NUMBER:

 HEARING DATE AND TIME:                        DEPT.:



 

1. Petitioner (name): John Doe & Jane Doe                           requests that

Do NOT use this form for a temporary conservatorship.

Page 1 of 8


Form Adopted for Mandatory Use
Judicial Council of California
GC-310 [Rev. January 1, 2016]
PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)

Probate Code, §§ 1820, 1821,
2680–2682
www.courts.ca.gov

 




GC-310
  CONSERVATORSHIP OF
  (name):Terry Morgan Doe

(PROPOSED) CONSERVATEE   

  CASE NUMBER:



 
1. h. small form box check (for limited conservatorship only) orders relating to the powers and duties of the proposed limited
            small form box successor*
            conservator of the person under Probate Code section 2351.5 be granted. (Specify orders, powers,
            and duties in Attachment 1h and complete item 1j.)
    i. small form box (for limited conservatorship only) orders relating to the powers and duties of the proposed limited
            small form box successor*
            conservator of the estate under Probate Code section 1830(b) be granted. (Specify orders, powers,
            and duties in Attachment 1i and complete item 1j.)
    j. small form box check (for limited conservatorship only) orders limiting the civil and legal rights of the (proposed) limited conservatee
            be granted. (Specify limitations in Attachment 1j.)
    k. small form box orders related to dementia placement or treatment as specified in the Attachment Requesting Special Orders
            Regarding Dementia
(form GC-313) under Probate Code section 2356.5 be granted. A Capacity Declaration—
            Conservatorship
(form GC-335) and Dementia Attachment to Capacity Declaration—Conservatorship (form
            GC-335A), executed by a licensed physician or by a licensed psychologist acting within the scope of his or her
            licensure with at least two years experience diagnosing dementia, small form box are filed herewith.
            small form box will be filed before the hearing.
            small form box (appointment of successor conservator only) will not be filed because an order relating to dementia
                placement or treatment was filed on (date):               . That order has neither expired by its terms nor been
                revoked.
    I. small form box other orders be granted. (Specify in Attachment 1l.)
2. (Proposed) conservatee is (name): Terry Morgan Doe                                      (Telephone): 415-123-4567
    (Present address):
    1234 ABC Street, San Francisco, CA 94102

3. a. small form box check Jurisdictional facts (initial appointment only) The proposed conservatee has no conservator in California and is a
       (1) small form box check resident of California and
            (a) small form box check a resident of this county.
            (b) small form box not a resident of this county, but commencement of the conservatorship in this county is in the best
                     interests of the proposed conservatee for the reasons specified in Attachment 3a.
       (2) small form box nonresident of California but
            (a) small form box is temporarily living in this county, or
            (b) small form box has property in this county, or
            (c) small form box commencement of the conservatorship in this county is in the best interest of the proposed conservatee
                     for the reasons specified in Attachment 3a.
b. Petitioner (answer items (1) and (2) and check all other items that apply)
    (1) small form box is small form box check is not a creditor or an agent of a creditor of the (proposed) conservatee.
    (2) small form box is small form box check is not a debtor or an agent of a debtor of the (proposed) conservatee.
    (3) small form box check is the proposed small form box successor         conservator.
    (4) small form box is the (proposed) conservatee. (If this item is not checked, you must also complete item 3f.)
    (5) small form box is the spouse of the (proposed) conservatee. (You must also complete item 6.)
    (6) small form box is the domestic partner or former domestic partner of the (proposed) conservatee. (You must also complete item 7.)
    (7) small form box check is a relative of the (proposed) conservatee as (specify relationship): Father and Mother
    (8) small form box is an interested person or friend of the (proposed) conservatee.
    (9) small form box is a state or local public entity, officer, or employee.
   (10) small form box is the guardian of the proposed conservatee.
   (11) small form box is a bank small form box is other entity authorized to conduct the business of a trust company.
   (12) small form box is a professional fiduciary within the meaning of Business and Professions Code section 6501(f) who is
            licensed by the Professional Fiduciaries Bureau of the Department of Consumer Affairs. Petitioner's license
            number is provided in item 1 on page 1 of the attached Professional Fiduciary Attachment. (Use form
            GC-210(A-PF)/GC-310(A-PF) for this attachment. You must also complete item 2 on page 2 of that form and
            item 3d below.)



* See item 5b on page 4.


GC-310 [Rev. January 1, 2016]
PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)

Page 2 of 8

 




GC-310
  CONSERVATORSHIP OF
  (name):Terry Morgan Doe

(PROPOSED) CONSERVATEE   

  CASE NUMBER:



 
3. c. Proposed small form box successor         conservator is (check all that apply)
    (1) small form box a nominee. (Affix nomination as Attachment 3c(1).)
    (2) small form box the spouse of the (proposed) conservatee. (You must also complete item 6.)
    (3) small form box the domestic partner or former domestic partner of the (proposed) conservatee. (You must also complete item 7.)
    (4) small form box check a relative of the (proposed) conservatee as (specify relationship): Father and Mother
    (5) small form box a bank. small form box other entity authorized to conduct the business of a trust company.
    (6) small form box a nonprofit charitable corporation that meets the requirements of Probate Code section 2104.
    (7) small form box a professional fiduciary, as defined in Business and Professions Code section 6501(f). His or her statement
            concerning licensure or exemption is provided in item 1 on page 1 of the attached Professional Fiduciary
            Attachment. (Use form GC-210(A-PF)/GC-310(A-PF) for this attachment.)
    (8) small form box other (specify):


d. small form box Engagement and prior relationship with petitioning professional fiduciary (complete this item if petitioner is
        licensed by the Professional Fiduciaries Bureau.)

    (1) small form box Statements of who engaged petitioner, or how petitioner was engaged to file this petition, and a description of
            any prior relationship petitioner had with the (proposed) conservatee or his or her family or friends, are
            provided in item 2 on page 2 of the attached Professional Fiduciary Attachment. (Use form GC-210(A-PF)/
            GC-310(A-PF) for this attachment.)

    (2) small form box A petition for appointment of a temporary conservator is filed with this petition. That petition contains
            statements of who engaged petitioner, how petitioner was engaged to file this petition, and a description of any
            prior relationship petitioner had with the (proposed) conservatee or his or her family and friends.
e. Character and estimated value of the property of the estate (complete items (1) or (2) and (3), (4), and (5)):
    (1) small form box (For appointment of successor         conservator only, if complete Inventory and Appraisal filed by             predecessor):
            Personal property: $        , per Inventory and Appraisal filed in this proceeding on
            (specify dates of filing of all inventories and appraisals):


    (2) small form box check Estimated value of personal property:                 $ 500.00
    (3) Annual gross income from
         (a) real property:                                                  $
         (b) personal property:                                           $
         (c) pensions:                                                        $
         (d) wages:                                                           $
         (e) public assistance benefits:                                $ 8796
         (f) other:                                                             $
    (4) Total of (1) or (2) and (3):                                    $ 9296
    (5) Real property:                                                      $
         (a) small form box per Inventory and Appraisal identified in item (1).
         (b) small form box checkestimated value.
f. small form box check Due diligence (complete this item if the (proposed) conservatee is not a petitioner):
   (1) Efforts to find the (proposed) conservatee's relatives or reasons why it is not feasible to contact any of them are         described on Attachment 3f(1).
   (2) Statements of the (proposed) conservatee's preferences concerning the appointment of any (successor)
        conservator and the appointment of the proposed (successor) conservator or reasons why it is not feasible to
        ascertain those preferences are contained on Attachment 3f(2).


GC-310 [Rev. January 1, 2016]
PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)

Page 3 of 8

 




GC-310
  CONSERVATORSHIP OF
  (name):Terry Morgan Doe

(PROPOSED) CONSERVATEE   

  CASE NUMBER:



 
3. g. So far as known to Petitioner, a conservatorship or equivalent proceeding concerning the proposed conservatee
        small form box check has not small form box has been filed in another jurisdiction concerning the proposed conservatee, including a court of an
                                 Indian tribe with jurisdiction (see Prob. Code, § 2031(b)).
        (If you answered "has," identify the jurisdiction and state the date the case was filed):

4. (Proposed) conservatee
    a. small form box is small form box check is not a patient in or on leave of absence from a state institution under the jurisdiction of the California
        Department of State Hospitals or the California Department of Developmental Services (specify state institution):


    b. small form box is receiving or entitled to receive small form box check is neither receiving nor entitled to receive
        benefits from the U.S. Department of Veterans Affairs (estimate amount of monthly benefit payable):
    c. small form box is small form box check is not , so far as is known to petitioner, a member of a federally recognized Indian tribe.
        (If you answered "is," complete items (1)–(4)):
        (1) Name of tribe:
        (2) Location of tribe (if the tribe is located in more than one state, the state that is the tribe's principal location):

        (3) The proposed conservatee small form box does small form box does not reside on tribal land.*
        (4) So far as known to petitioner, the proposed conservatee small form box owns small form box does not own property on tribal land.
5. a. small form box check Proposed conservatee (initial appointment of conservator only)
       (1) small form box is an adult.
       (2) small form box check will be an adult on the effective date of the order (date):  1/1/2016
       (3) small form box is a married minor.
       (4) small form box is a minor whose marriage has been dissolved.
    b. small form box Vacancy in office of conservator (appointment of successor         conservator only. A petition for appointment of a limited
            conservator after the death of a predecessor is a petition for initial appointment. (Prob. Code, 1860.5(a)(1).)

            There is a vacancy in the office of conservator of the small form box person small form box estate for the reasons
            small form boxspecified in Attachment 5b. small form box specified below.



















* “Tribal land” is land that is, with respect to a specific Indian tribe and the members of that tribe, “Indian country,” as defined in 18 U.S.C. § 1151.

GC-310 [Rev. January 1, 2016]
PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)

Page 4 of 8

 




GC-310
  CONSERVATORSHIP OF
  (name):Terry Morgan Doe

(PROPOSED) CONSERVATEE   

  CASE NUMBER:



 
5. c. (Proposed) conservatee requires a conservator and is
         (1) small form box check unable to properly provide for his or her personal needs for physical health, food, clothing, or shelter.
                  Supporting facts are small form box check specified in Attachment 5c(1) small form box as follows:






















     (2) small form box check substantially unable to manage his or her financial resources or to resist fraud or undue influence.
              Supporting facts are small form box check specified in Attachment 5c(2) small form box as follows:
























GC-310 [Rev. January 1, 2016]
PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)

Page 5 of 8

 




GC-310
  CONSERVATORSHIP OF
  (name):Terry Morgan Doe

(PROPOSED) CONSERVATEE   

  CASE NUMBER:



 
5. d. small form box (Proposed) conservatee voluntarily requests the appointment of a small form box successor conervator.
           (Specify facts showing good cause in Attachment 5(d).)
    e. small form box check Confidential Supplemental Information (form GC-312) is filed with this petition. (Initial appointment of
           conservator only. All petitioners must file this form except banks and other entities authorized to do business
           as a trust company.)

    f. (Proposed) conservatee small form box check is small form box is not developmentally disabled as defined in Probate Code section 1420.
       Petitioner is aware of the requirements of Probate Code section 1827.5. (Specify the nature and degree of the
       alleged disability in Attachment 5f)
.
6. small form box Petitioner or proposed small form box successor         conservator is the spouse of the (proposed) conservatee.
       (If this statement is true, you must answer a or b.)
    a. small form box The (proposed) conservatee's spouse is not a party to any action or proceeding against the (proposed)
           conservatee for legal separation, dissolution of marriage, annulment, or adjudication of nullity of their marriage.
    b. small form box Although the (proposed) conservatee's spouse is a party to an action or proceeding against the (proposed)
           conservatee for legal separation, dissolution, annulment, or adjudication of nullity of their marriage, or has
           obtained a judgment in one of these proceedings, it is in the best interest of the (proposed) conservatee that:
        (1) small form box a small form box successor         conservator be appointed.
        (2) small form box the spouse be appointed as the small form box successor         conservator.
        (If you checked item 6b(1) or (2) or both, specify the facts and reasons in Attachment 6b.)
7. small form box Petitioner or proposed small form box successor         conservator is the domestic partner or former domestic partner of the
        (proposed) conservatee.
(If this statement is true, you must answer a or b.)
    a. small form box The domestic partner of the (proposed) conservatee has not terminated and does not intend to terminate the
            domestic partnership.
    b. small form box Although the domestic partner or former domestic partner of the (proposed) conservatee intends to terminate
            or has terminated the domestic partnership, it is in the best interest of the (proposed) conservatee that
        (1) small form box a small form box successor         conservator be appointed.
        (2) small form box the domestic partner or former domestic partner be appointed as the small form box successor         conservator.
        (If you checked item 7b(1) or (2) or both, specify the facts and reasons in Attachment 7b.)
8. (Proposed) conservatee (check all that apply)
    a. small form box check will attend the hearing AND small form box is the petitioner small form box check is not the petitioner AND small form box has small form box has not nominated the             proposed small form box successor          conservator.
    b. small form box (initial appointment of conservator only) is able but unwilling to attend the hearing AND small form box does small form box does not wish to
          contest the establishment of a conservatorship, small form box does small form box does not object to the proposed conservator, AND small form box
          does small form box does not prefer that another person act as conservator.
    c. small form box (initial appointment of conservator only): is unable to attend the hearing because of medical inability. A Capacity
           Declaration—Conservatorship (form GC-335), executed by a licensed medical
           practitioner or an accredited religious practitioner small form box is filed with this petition.    small form box will be filed before the hearing.
    d. small form box (initial appointment of conservator only) is not the petitioner, is out of state, and will not attend the hearing.
    e. small form box (appointment of successor conservator only) will not attend the hearing.
9. small form box check Medical treatment of (proposed) conservatee
    a. There is no form of medical treatment for which the (proposed) conservatee has the capacity to give an informed         consent.
    b. A Capacity Declaration—Conservatorship (form GC-335) executed by a licensed physician or by a licensed psychologist acting
        within the scope of his or her licensure, stating that the (proposed) conservatee lacks the capacity to give informed consent
        for any form of medical treatment and giving reasons and the factual basis for this conclusion,
        small form box is filed with this petition. small form box check will be filed before the hearing small form box will not be filed for the reason stated in c.
    c. small form box (appointment of successor conservator only) The conservatee's incapacity to consent to any form of medical            treatment was determined by order filed in this matter on (date):
           That order has neither expired by its terms nor been revoked.
    d. (Proposed) conservatee small form box is small form box check is not an adherent of a religion that relies on prayer alone for healing, as defined in         Probate Code section 2355(b).


GC-310 [Rev. January 1, 2016]
PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)

Page 6 of 8

 




GC-310
  CONSERVATORSHIP OF
  (name):Terry Morgan Doe

(PROPOSED) CONSERVATEE   

  CASE NUMBER:



 
10. small form box Temporary conservatorship
            Filed with this petition is a Petition for Appointment of Temporary Conservator (form GC-111).
11. (Proposed) conservatee's relatives
      The names, residence addresses, and relationships of the spouse or registered domestic partner and thesecond-degree
      relatives of the (proposed) conservatee (his or her parents, grandparents, children, grandchildren, and brothers and sisters),
      so far as known to petitioner, are
      a. small form box check listed below.
      b. small form box not known, or no longer living, so the (proposed) conservatee's deemed relatives under Probate Code section 1821(b)
      (1)–(4) are listed below.
        

Name and relationship to conservatee

Residence address

        (1)           John Doe, Father 1234 ABC Street
San Francisco, CA 94102
        (2) Jane Doe, Mother 1234 ABC Street
San Francisco, CA 94102
        (3)    
 
        (4) All Proposed Conservatee's grandparents are
deceased and proposed conservatee has no siblings
 
 
        (5)    
 
        (6)    
 
        (7)    
 
        (8)    
 
        (9)    
 
        (10)    
 
        (11)    
 
        (12)    
 
        (13)    
 
        (14)    
 
        (15)    
 
        (16)    
 
                      small form box Continued on Attachment 11.

GC-310 [Rev. January 1, 2016]
PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)

Page 4 of 8

 




GC-310
  CONSERVATORSHIP OF
  (name):Terry Morgan Doe

(PROPOSED) CONSERVATEE   

  CASE NUMBER:



 
12. small form box check Confidential conservator screening form
          Submitted with this petition is a Confidential Conservator Screening Form (form GC-314) completed and signed by the
          proposed small form box successor         conservator. (Required for all proposed conservators except banks and trust companies.)
13. small form box Court investigator
          Filed with this petition is a proposed Order Appointing Court Investigator (form GC-330).

14. Number of pages attached:

Date:


    (TYPE OR PRINT NAME OF ATTORNEY FOR PETITIONER)         (SIGNATURE OF ATTORNEY FOR PETITIONER)    

(All petitioners must also sign (Prob. Code, § 1020; Cal. Rules of Court, rule 7.103).)

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

Date: 1/30/2016

           John Doe  
                  (TYPE OR PRINT NAME OF PETITIONER)                              (SIGNATURE OF PETITIONER)           


            Jane Doe  
                  (TYPE OR PRINT NAME OF PETITIONER)                              (SIGNATURE OF PETITIONER)           




















GC-310 [Rev. January 1, 2016]
PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)

Page 8 of 8



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