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GC-340 Order Appointing Probate Conservator



This form is filed along with your initial GC310 Petition for Appointment of Probate Conservator. Beyond the first page header information, there is little to fill out as most of the form is filled out by the court. This form is used by the court to communicate to you what it finds, notify you that your petition as conservator(s) has been accepted, type of conservatorship, and what powers are granted to the conservator. The order is not effective until the Letters of Conservatorship (GC-350) form is issued. Usually the Order and Letters of Probate Conservator come to you in the mail on the same day.

Since there is little to fill out on this form, the Notes after each page will talk about what you will most likely see when the order is returned to you. Most of the lines of this form are for adults (senior citizens) that have mental incapacitation and an estate. There are fewer lines that will be checked for a child with autism that is or has recently become an adult.

Form Links

Filled in Example GC-340 Form

- You can edit the example Doe form 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-340 Form

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

Content

The each page notes are below the respective image of the form page.

GC-340 Page 1 Notes

GC-340 Page 2 Notes

GC-340 Page 3 Notes

GC-340 Attachments Notes Page 1

GC-340 Attachments Notes Page 2

GC-340 Form in HTML so it can be Translated

gc-340 page 1 Order Appointing Probate Conservatorship

Page 1 Notes

You fill out the top header information similar to what is shown in the example.
The court will fill out:

1. The appropriate names, hearing date, and information

The Court Finds

4. Will be filled with the name of conservatee with a and b boxes checked depending on the capabilities of the conservatee.

5. Either box a or b will be checked.

6. Will be checked depending on the conservatee’s capacity.

8. Will be checked depending on the conservatee’s ability.


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gc-340 page 2 Order Appointing Probate Conservatorship

Page 2 Notes

10. Will be checked with the name of the court appointed attorney for the conservatee during the proceedings.

11. Will be checked if the conservatee was present at the hearing.

12. Will be checked with the name of the court investigator. It is important to note the court investigator in case you have any questions.

13. Will be checked.

16. a. Will be checked.

17. a. Will be checked.

The Court Orders

18. a Your name (s), address, telephone number, limited conservator box checked, and your child’s name (conservatee).

19. May or may not be checked.

20. a. will be checked.

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gc-340 page 3 Order Appointing Probate Conservatorship

Page 3 Notes

22. Will most likely be checked.

31. Will be checked. You are applying for a limited conservatorship so you are using the above Probate Code section § 2351.5.

Probate Code section § 2351.5 is included in Page 2 notes of GC-310 Petition for Appointment of Probate Conservator. Link to Probate Code section 2351.5

33. Will be checked

34. The first box will be checked and either of the other two will be checked.

35. Number of boxes checked in items 18-34: most likely -8

36. Number of pages attached: most likely- 2

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gc-340 attachment page 1

GC-340 Attachments Notes Page 1

Attachment 31: Orders Relating to Powers and Duties of the Limited Conservator of the Person Under Probate Codes Section § 2351.5

This lists the powers and duties granted to the conservator(s).

This will look similar to the list in attachment 1j in your original GC-310 Petition for Appointment Probate Conservator unless the judge has ruled that the conservatee retain a right(s).

Attachment 33: Orders Limiting the Civil and Legal Rights of the Limited Conservatee

This lists the civil and legal rights that the conservatee (your child) does not have (limited). This should mirror the powers granted the conservator(s) in Attachment 31.

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gc-340 attachment page 2

GC-340 Attachments Notes Page 2

Attachment to Order Appoint Conservator of the Person

This is the judge’s instructions and time line to you the conservator. If you have filed and done all of 1 a, b, and c, a status hearing set for you in 1 will not take place. The status hearing is if you have not completed 1. Failure to comply is explained in bold above the judge’s signature.

1. a) This is GC-341 Notice of Conservatee’s Rights. References PC § 1830 Note C below. GC-341 form will be gone into detail on its webpage along with who to mail the form to.

Probate Code § 1830. (a) The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of:
(1) The conservator.
(2) The conservatee’s attorney, if any.
(3) The court investigator, if any.
(b) In the case of a limited conservator for a developmentally disabled adult, any order the court may make shall include the findings of the court specified in Section 1828.5. The order shall specify the powers granted to and duties imposed upon the limited conservator, which powers and duties may not exceed the powers and duties applicable to a conservator under this code. The order shall also specify the following:
(1) The properties of the limited conservatee to which the limited conservator is entitled to possession and management, giving a description of the properties that will be sufficient to identify them.
(2) The debts, rentals, wages, or other claims due to the limited conservatee which the limited conservator is entitled to collect, or file suit with respect to, if necessary, and thereafter to possess and manage.
(3) The contractual or other obligations which the limited conservator may incur on behalf of the limited conservatee.
(4) The claims against the limited conservatee which the limited conservator may pay, compromise, or defend, if necessary.
(5) Any other powers, limitations, or duties with respect to the care of the limited conservatee or the management of the property specified in this subdivision by the limited conservator which the court shall specifically and expressly grant.
(c) An information notice of the rights of conservatees shall be attached to the order. The conservator shall mail the order and the attached information notice to the conservatee and the conservatee s relatives, as set forth in subdivision (b) of Section 1821, within 30 days of the issuance of the order. By January 1, 2008, the Judicial Council shall develop the notice required by this subdivision.
(Amended by Stats. 2007, Ch. 553, Sec. 8. Effective January 1, 2008.)

1. b. (1) The General Plan referred to is P-74 General Plan.

    b. (2) Determination of Conservatee’s Appropriate Level of Care is GC-355.

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Probate Code § 2352.5. (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from his or her personal residence is appropriate, that presumption may be overcome by a preponderance of the evidence.
(b) Upon appointment, the conservator shall determine the appropriate level of care for the conservatee.
(1) That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in his or her personal residence.
(2) If the conservatee is living at a location other than his or her personal residence at the commencement of the proceeding, that determination shall either include a plan to return the conservatee to his or her personal residence or an explanation of the limitations or restrictions on a return of the conservatee to his or her personal residence in the foreseeable future.
(c) The determination made by the conservator pursuant to subdivision (b) shall be in writing, signed under penalty of perjury, and submitted to the court within 60 days of appointment as conservator.
(d) The conservator shall evaluate the conservatee’s placement and level of care if there is a material change in circumstances affecting the conservatee’s needs for placement and care.
(e) (1) This section shall not apply to a conservatee with developmental disabilities for whom the Director of Developmental Services or a regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator and who receives services from a regional center pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code.
(Amended by Stats. 2007, Ch. 130, Sec. 195. Effective January 1, 2008.)

1. c. The Assessment fee. If your fee has been waived because your adult child with autism has very little to no assets (Forms FW-1 and FW-3 has been filed and accepted) then the amount for the general petition will be shown and deferred will be checked. If your adult child with autism wins the lottery or receives an inheritance in their name they will have to pay back all deferred court fees. Inheritances can be set up to go to third party special needs trusts for your child with autism which is not an asset your child holds in their name. See Special Needs Trusts on the website.

2. You may be asked to attend a conservatorship class before a half year from your appointment as conservator(s). I do not know if this is standard in all courts. There is not a “Certificate of Completion” that you have to submit beyond what you sign and fill in during the conservatorship class. The person teaching the conservatorship class will submit attendance to the court.

3. This is an important date in the future to take note of to file a status report to the court.

4. The obtaining of the conservatorship handbook is redundant. In order to be appointed conservator a person must file form GC-348 Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators which you must sign.

GC-348 states above the signature: “ I acknowledge that I have received this statement of the duties and liabilities of the office of conservator, the Duties of Conservator (form GC-348), and the Handbook for Conservators adopted by the Judicial Council."

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


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GC-340 Form in HTML so it can be Translated

The GC-340 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-340 pdf form and English.

GC-340

 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  


  ORDER APPOINTING  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:
 PCN-16-123456

 
WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED
1. The petition for appointment of small form box  successor     conservator came on for hearing as follows
(check boxes c, d, e, and for g to indicate personal presence):
a.  Judicial officer (name):
b.  Hearing date:                                              Time:                                                small form box Dept.:                      small form box Room:
c. small form box check  Petitioner (name): John Doe & Jane Doe
d. small form box Attorney for petitioner (name):
e. small form box  Attorney for  small form box person cited  small form box the conservatee on petition to appoint successor conservator:
(Name):                                                                                     (Telephone):
(Address):



f.  small form box  Person cited was  small form box present.  small form box unable to attend.  small form box able but unwilling to attend.  small form box out of state.
g. small form box The conservatee on petition to appoint successor conservator was    small form box present.    small form box not present.
THE COURT FINDS
2.  All notices required by law have been given.
3.  Granting the conservatorship is the feast restrictive alternative needed for the protection of the conservatee.
4. (Name): Terry Morgan Doe
a.  small form box is unable properly to provide for his or her personal needs for physical health, food, clothing, or shelter.
b.  small form box is substantially unable to manage his or her financial resources or to resist fraud or undue influence.
c.  small form box has voluntarily requested appointment 'of a conservator and good cause has been shown for the appointment.
5.  The conservatee
a.  small form box is an adult.
b.  small form box will be an adult on the effective date of this order. c. D is a married minor.
d.  small form box is a minor whose marriage has been dissolved.
6.  small form box There is no form of medical treatment for which the conservatee has the capacity to give an informed consent.
small form box The conservatee is an adherent of a religion defined in Probate Code section 2355(b).
7.  small form box Granting the    small form box 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.  small form box 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.
Page 1 of 3
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


 




GC-340
  CONSERVATORSHIP OF
 (name):                                                                             Terry Morgan Doe
CONSERVATEE   
  CASE NUMBER:
        PCN-16-123456

 
9.  small form box 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.
10. small form box 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  small form box all small form box  small form box none  small form box a portion  of this sum (specify): $
11. small form box The conservatee need not attend the hearing.
12. small form box The appointed court investigator is (name):
(Address and telephone):


13. small form box (For limited conservatorship only) The limited conservatee is developmentally disabled as defined in Probate Code section
1420.
14. small form box The small form box successor    conservator is a professional fiduciary as defined by Business and Professions Code section
6501(f).
15. small form box The small form box successor      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:
16. (Either a, b, or c must be checked):
a. small form box The small form box successor    conservator is not the spouse of the conservatee.
b. small form box The small form box successor     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.
c. small form box The small form box successor     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  small form box successor     conservator.
17. (Either a, b, or c must be checked):
a. small form box The small form box successor     conservator is not the domestic partner or former domestic partner of the conservatee.
b. D The 0 successor conservator is the domestic partner of the conservatee and has neither terminated nor
intends to terminate their domestic partnership.
c. small form box The 0 successor 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  small form box successor    conservator.
THE COURT ORDERS
18. a.  (Name):                                                                                                  (Telephone):
(Address):


is appointed small form box successor  small form box conservator  small form box limited conservator               of the PERSON of (name):
Terry Morgan Doe                                            and Letters of Conservatorship shall issue upon qualification.
b.  (Name):                                          (Telephone):
(Address):


is appointed small form box successor small form box conservator small form box limited conservator    of the ESTATE of (name):
and Letters of Conservatorship shall issue upon qualification.
19. small form box The conservatee need not attend the hearing.
20. a. small form box Bond is not required.
b.  small form box Bond is fixed at: $               to be furnished by an authorized surety company or as otherwise provided by law.
c.  small form box Deposits of: $                 are ordered to be placed in a blocked account at (specify institution and location):



and receipts shall be filed. No withdrawals shall be made 'lithout a court order.
small form box Additional orders in attachment 20c.

GC-340 [Rev. January 15, 2016]


ORDER APPOINTING PROBATE CONSERVATOR
(Probate-Guardianships and Conservatorships)
Page 2 of 3



 




GC-340
  CONSERVATORSHIP OF
 (name):                                                                             Terry Morgan Doe
CONSERVATEE   
  CASE NUMBER:
        PCN-16-123456

 
20. (cont.)
d. small form box The  small form box successor     conservator is not authorized to take possession of money or any other property
without a specific court order.
21.  small form box For legal services rendered,  small form box conservatee  small form box conservatee's estate     shall pay the sum of: $
to (name):
small form box forthwith   small form box as follows             (specify terms, including any combination of payors):




small form box Continued in attachment 21.
22. small form box The conservatee is disqualified from voting.
23. small form box The conservatee lacks the capacity to give informed consent for medical treatment and the   small form box successor
conservator of the person is granted the powers specified in Probate Code section 2355.
small form box The treatment shall be performed by an accredited practitioner of a religion as defined in Probate Code
section 2355(b).
24. small form box The  small form box successor    conservator of the estate is granted authorization under Probate Code section 2590 to exercise
independently the powers specified in attachment 24  small form box subject to the conditions provided.
25. small form box Orders relating to the capacity of the conservatee under Probate Code sections 1873 or 1901 as specified in attachment 25
are granted.
26. small form box Orders relating to the powers and duties of the  small form box 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.)
27. small form box Orders relating to the conditions imposed under Probate Code section 2402 on the    small form box successor    conservator
of the estate as specified in attachment 27 are granted.
28. small form box a. small form box The  small form box successor    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).
b.  small form box The  small form box successor    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).
29. small form box Other orders as specified in attachment 29 are granted.
30. small form box The probate referee appointed is (name and address):



31. small form box (For limited conseNatorship only) Orders relating to the powers and duties of the  small form box successor
limited conservator of the person under Probate Code section 2351.5 as specified in attachment 31 are granted.
32. small form box (For limited conseNatorship only) Orders relating to the powers and duties of the  small form box successor
limited conservator of the estate under Probate Code section 1830(b) as specified in attachment 32 are granted.
33. small form box (For limited conseNatorship only) Orders limiting the civil and legal rights of the limited con ervatee as specified in
attachment 33 are granted.
34. small form box This order is effective on the  small form box date signed  small form box date minor attains majority (specify):
35.  Number of boxes checked in items 18-34:
36.  Number of pages attached:

Date:
.                              JUDICIAL OFFICER                                    .
small form box SIGNATURE FOLLOWS LAST ATTACHMENT


GC-340 [Rev. January 15, 2016]


ORDER APPOINTING PROBATE CONSERVATOR
(Probate-Guardianships and Conservatorships)
Page 3 of 3







ATTACHMENT 31: ORDERS RELATING TO POWERS AND DUTIES OF THE LIMITED CONSERVATOR OF THE PERSON UNDER PROBATE CODE SECTION 2351.5


The limited conservators possess the following powers and duties:

(1) To fix the residence or specific dwelling of the limited Conservatee.

(2) Access to the confidential records and papers of the limited Conservatee.

(3) To consent or withhold consent to the marriage of, or the entrance into a registered domestic partnership by, the limited Conservatee.

(4) To contract on behalf of the limited Conservatee.

(5) To give or withhold medical consent regarding the limited Conservatee.

(6) To control the social and sexual contacts and relationships of the limited Conservatee.

(7) To control Decisions concerning the education of the limited Conservatee.

ATTACHMENT 33: ORDERS LIMITING THE CIVIL AND LEGAL RIGHTS OF THE LIMITED CONSERVATEE:

The civil and legal rights of the Conservatee are limited as follows, and the same are invested in the limited Conservatees:

(1) The right of the Conservatee to fix the residence or specific dwelling of the limited Conservatee.

(2) The right of the Conservatee to access to the confidential records and papers of the limited Conservatee.

(3) The right of the Conservatee to consent or withhold consent to the marriage of, or the entrance into a registered domestic partr1ership by, the limited Conservatee.

(4) The right of the limited Conservatee to contract.

(5) The power of the limited Conservatee to give or withhold medical consent.

(6) The limited Conservatee's right to control his or her own social and sexual contacts and relationships.

(7) The right of the proposed Conservatee to make decisions concerning the education of the limited Conservatee.

IN RE: THE MATTER OF TERRY MORGAN DOE
ATTACHMENTS TO ORDER APPOINTING PROBATE CONSERVATOR

PCN-16-123456
1 OF 1

 
Case No. PCN-16-123456 Conservatorship of: Terry Morgan Doe

ATTACHMENT TO ORDER APPOINTING CONSERVATOR OF THE PERSON
IT IS FURTHER ORDERED THAT:


1.  A status hearing is set for Date Inserted at Time Inserted in Location Inserted for
compliance with the following additional Orders of the Court:

a.       Proof of Service of the mailing of the Order Appointing Conservator and of
the Notice of Conservatee's Rights shall be filed 30 days from the date of this order. (PC §1830)
b.       (1) The General Plan shall be filed 60 days from the date of this order.
(2) Determination of Conservatee's Appropriate Level of Care shall be filed 60 days from the date of this order. (PC §2352.5)
c.       The Assessment fee for court investigation(s) is
__X___ $800 for general petitions.
______ Fee shall be paid within 90 days of this order.
______ Fee is ___X___ deferred ______ waived.


2.  The Conservator shall have attended the conservatorship class and the
Certificate of Completion of the class shall be filed by (Date about 1/2 year from appointment of conservator).

3.  The Status Report shall be filed one week before (Date about 1 year and 1 month from appointment of     conservator).
4. The Conservator shall obtain the conservatorship handbook from
http://www.courts.ca.gov/documents/handbook.pdf.

If any of the required filings have not been made, counsel and the Conservator must appear at the Status Hearing on the date and time set forth above to explain why the documents were not filed. If any filings have not been made and counsel and/or the Conservator fail to appear at the Status Hearing, an Order will issue for counsel and/or the Conservator appear in court to explain the failure to comply with this Order.




Dated:
Judge's signature will appear here.
Judges Printed Name



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