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GC-341 Notice of Conservatee’s Right and GC-341(MA) Attachment to Notice of Conservatee’s Rights (if needed)


This form is an explanation of conservatee’s rights. It is mailed to the conservatee and close relatives of the conservatee along with Order Appointing Probate Conservator after the conservator(s) have been appointed by the judge.

***Attention Deadline Date: This form and a copy of Order Appointing Probate Conservator (GC-340) form must be mailed out to each person identified on this form on or before the 30th day following the filing date of the Order Appointing Probate Conservator (GC-340) form from the probate court judge (filing date explained in number 5 of these instructions). This deadline is buried on page 4, number 3 in the instructions for the form.***

Form Links

Filled in Example GC-341 Form

- You can edit the example Doe forms 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-341 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-341 Page 1 Notes

GC-341 Page 2 Notes

GC-341 Page 3 Notes

GC-341 Page 4 Notes

GC-341(MA) Notes

GC-341 Form in HTML so it can be Translated


gc-341 page 1

Page 1 Notes

The heading information needed to be filled in should be like Order Appointing Probate Conservator (GC-340) signed by the judge or other forms you have filled in by now.

GC-341 is almost all instructions and should be read and understood by the conservator(s).

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gc-341 page 2

Page 2 Notes

Conservator person, conservatee name and case number should automatically fill at the top of each page in the rest of the form.

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gc-341 page 3

Page 3 Notes

2. Address from where you are mailing from.

3. Check which applies but if you are depositing the envelopes in a US Postal Service box or office, check box (a).

4. Date mailed and city and state is self-explanatory.
5. The date you want to put here is filing date of the Order Appointing Probate Conservator (GC-340) with the judicial officer’s signature. This is found on the stamp by the Clerk of the Court “in the court use only box” Order Appointing Probate Conservator (GC-340) form.

If you need to attach GC-341(MA) Attachment to Notice of Conservatee’s Rights check the box at the bottom of GC-341
Date and sign, the original you will file with the probate court. You will need to make copies of GC-341 in the number you will be required to send to the addresses you list.

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gc-341 page 4

Page 4 Notes

The instructions are fairly straightforward but a few clarifying factors:

If anyone in 2 c. is alive and a form can be mailed to that person(s), you do not have to mail to anyone listed in 2 d., but this cannot include the conservator if the conservator is someone listed in 2 c. In other words, GC-341 Notice of Conservatee’s Right must be mailed to someone in the conservatee’s family that is not the conservator. In 2 d. (3) “Brothers and sisters of the conservatee’s parents” implies blood aunts and uncles as opposed to aunts and uncles because of marriage.

Important: Make sure you place a copy of GC-341 Notice of Conservatee’s Rights plus a copy of the GC-340 Order Appointing Probate Conservator into each envelope you are mailing.

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Probate Code section 1821(b) mentioned in 2 c. of page 4 of form GC-341:

Probate Code § 1821 (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.

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GC-341(MA) Attachment to Notice of Conservatee’s Rights

gc-341 ma

GC-341(MA) Notes

Make sure you fill out the header as it does not automatically fill from form GC-341.

Note number of pages attached at the bottom right of the form.

Form is straightforward in filling out.

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GC-341 Form in HTML so it can be Translated

The GC-341 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-341 pdf form and English.

GC-341

 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar
 number, and address):

 John Doe & Jane Doe
 1234 ABC Street
 San Francisco, CA 94102

 TELEPHONE NO.: 415-123-4567          FAX NO.:
 E-MAIL ADDRESS: info@raisingautism.net
 ATTORNEY FOR (name): Conservators, 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 THE   small form box check   PERSON   small form box ESTATE
  OF (Name): Terry Morgan Doe
CONSERVATEE   
 
NOTICE OF CONSERVATTE'S RIGHTS




















 CASE NUMBER:

        PCN-16-123456

 

When a person becomes a conservatee, he or she does not necessarily lose the right to take part in important decisions affecting his or her property and way of life. Every conservatee has the right to be treated with understanding and respect and to have his or her wishes considered. Every conservatee has all basic human rights and the right to be well cared for by his or her conservator.

The conservatee has the right to ask questions and to express concerns and complaints about the conservatorship and the actions of his or her conservator. The conservatee may ask the court to review the conservator's management of the conservatorship if disputes cannot be worked out between them. Even if the conservatee does not take direct action, the court will periodically send a person, called a court investigator, to visit the conservatee, to inquire about his or her circumstances and desires, and to advise the conservatee of his or her rights. The court also may appoint a lawyer to represent the conservatee.

The conservatee will be allowed the greatest degree of freedom and privacy possible consistent with the underlying reasons for the conservatorship. The conservator should give as much regard to the wishes of the conservatee as possible under the circumstances so that the conservatee may function at the highest level his or her ability permits. The conservator must give due regard to the preferences of the conservatee and to encourage the conservatee's participation in decision-making.

THE CONSERVATEE'S RIGHTS

After appointment of a conservator, the conservatee keeps the right to: Be represented by a lawyer:

  • Ask a judge to replace the conservator;

  • Ask a judge to end the conservatorship;

  • Make or change his or her will;

  • Directly receive and control his or her salary; and

  • Control an allowance (an allowance is personal spending money the court has authorized the conservator to pay directly to the conservatee).


  • (Conservatee's rights continued on next page)

    Page 1 of 4

    Form Adopted for Mandatory Use
    Judicial Council of California
    GC-341 [Rev. January 1, 2008]
    NOTICE OF CONSERVATEE'S RIGHTS
    (Probate-Guardianship and Conservatorships)
    Probate Code, § 1839
    www.courtinfo.ca.gov


     




    GC-341
      CONSERVATORSHIP OF THE  small form box check PERSON  small form box ESTATE   OF
     (name): Terry Morgan Doe
    CONSERVATEE   
      CASE NUMBER:
            PCN-16-123456

     

    THE CONSERVATEE'S RIGHTS (continued)


    Unless the court has limited or taken the right away, the conservatee also keeps the right to:

  • Receive personal mail;

  • Vote;

  • Marry or enter into a registered domestic partnership;

  • Receive visits from family and friends;

  • Make his or her own medical decisions;

  • Enter into transactions, to the extent reasonable to (1) provide the necessaries of life to the conservatee and his or her minor children, and (2) provide the necessaries of life to his or her spouse or basic living expenses
    to his or her registered domestic partner;

  • Engage in other activities the court expressly allows him or her to do, at the time of the conservator's appointment, or a later time following a court hearing on a request for authority to engage in the activity; and

  • If the conservatee is a limited conservatee, to engage in any activity that the court has not expressly
  • reserved to his or her limited conservator.

















    (Proof of mailing on page 3)
    (Instructions for mailing on page 4)

    GC-341 [Rev. January 1, 2008]


    NOTICE OF CONSERVATEE'S RIGHTS
    (Probate-Guardianship and Conservatorships)
    Page 2 of 4



     




    GC-341
      CONSERVATORSHIP OF THE  small form box check PERSON  small form box ESTATE   OF
     (name): Terry Morgan Doe
    CONSERVATEE   
      CASE NUMBER:
            PCN-16-123456

     
    PROOF OF MAILING

    1.  I am over the age of 18. I am the appointed conservator of the above-named conservatee, the conservator's attorney, or an employee of the conservator's attorney. I am a resident of or employed in the county where the mailing occurred.
    2.  My residence or business address is (specify):
    1234 ABC Street

    3.  I mailed the foregoing Notice of Conservatee's Rights to each person named below by enclosing a copy in an envelope addressed
    as shown below AND
    a. small form box check   depositing the sealed envelope on the date and at the place shown in item 4 with the United States Postal Service
    with the postage fully prepaid.
    b. small form box   placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary
    business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.
    4. a.  Date mailed: March 30, 2016 b. Place mailed (city, state): San Francisco, California

    5. Each copy of the Notice of Conservatee's Rights was mailed with an attached conformed copy, showing the date of its filing and
    the judicial officer's signature, of the Order Appointing Probate Conservator filed in this matter on (date): Court Order Date.

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

    Date: March 30, 2016

    John Doe signature arrow
    (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)

    NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED

    Name and relationship
    to conservatee
    Address (number, street, city, state, and zip code)

    1.  
     Terry Morgan Doe

      1234 ABC Street
      San Francisco, CA 94122





    Conservatee

    2.  









    Attorney for conservatee

    3.  









         Spouse or registered domestic partner

    4.  
     Maggie Doe

      17 Rock Street
      Boulder, CO 80301





    Relationship:  
     Aunt

     
    5.  
     James Doe

      5555 XYZ Street
      Cleveland, OH 44115





    Relationship:  
     Uncle


    small form box check Continued on an attachment.  (You may use form GC-341(MA) to show additional addressees.)

    GC-341 [Rev. January 1, 2008]


    NOTICE OF CONSERVATEE'S RIGHTS
    (Probate-Guardianship and Conservatorships)
    Page 3 of 4



     




    GC-341
      CONSERVATORSHIP OF THE  small form box check PERSON  small form box ESTATE   OF
     (name): Terry Morgan Doe
    CONSERVATEE   
      CASE NUMBER:
            PCN-16-123456

     

    INSTRUCTIONS FOR MAILING COPIES OF NOTICE OF CONSERVATEE'S
    RIGHTS
    AND ORDER APPOINTING PROBATE CONSERVATOR


    1.  What to mail: The conservator, the conservator's attorney, or the attorney's employee must mail a copy of this Notice of
    Conservatee's Rights, with an attached copy of the Order Appointing Probate Conservator showing the judicial officer's signature and the date of filing, to each person identified in item 2 below.

    2.  Who must receive the mailing: The persons to whom copies of this Notice of Conservatee's Rights and the Order Appointing
    Probate Conservator must be mailed are:
    a.  The conservatee;
    b.  The conservatee's attorney, if any;
    c.  The following relatives of the conservatee named in Probate Code section 1821(b) (spouse or registered domestic partner
    and second-degree relatives required to be named in the Petition for Appointment of Probate Conservator):
    (1)  Spouse or registered domestic partner;
    (2)  Parents;
    (3)  Children at least 12 years old (see item e below if there are children under the age of 12);
    (4)  Grandparents;
    (5)  Grandchildren at least 12 years old (see item e below if there are grandchildren under the age of 12); and
    (6)  Brothers and sisters, including half-brothers and half-sisters.

    d.  If the conservator knows of no spouse or registered domestic partner or second-degree relative of the conservatee, copies
    of this Notice of Conservatee's Rights and the Order Appointing Probate Conservator must be mailed to the following persons:
    (1)  Spouse or registered domestic partner of a predeceased parent of the conservatee;
    (2)  Children of a predeceased spouse or predeceased registered domestic partner of the conservatee at least 12 years old
    (see item e below if there are children under the age of 12);
    (3)  Brothers and sisters of the conservatee's parents (conservatee's aunts and uncles), if any, or, if none, to their natural and adoptive children at least 12 years old (see item e below if there are children under the age of 12); and
    (4)  The natural and adoptive children of the conservatee's brothers and sisters at least 12 years old (see item e below if there are children under the age of 12).
    e.  If a person named above is under the age of 12, a parent, guardian, or other person having legal custody of the person
    entitled to notice, with whom the person entitled to notice resides.
    3.  When the mailing must be completed: The mailing described in item 1 must be completed on or before the 30th day
    following the filing date of the Order Appointing Probate Conservator.
    4.  Fill out Proof of Mailing: The conservator or his or her attorney of record must fill out the Proof of Mailing on page 3 of this
    form, including the correct addresses of the persons to receive the mailing, identified in item 2 above, before making the copies to be mailed. If the Proof of Mailing does not have enough space for the names and addresses of all persons who will receive the mailing, the names and addresses not shown on the Proof of Mailing must be shown on one or more additional pages attached to this form. One or more copies of Attachment to Notice of Conservatee's Rights (form GC-341(MA)) may be used for this purpose.
    After the mailing described in item 5 below, the conservator or his or her attorney must date and sign the Proof of Mailing on page 3 of this form.
    5.  How to mail: The conservator, the conservator's attorney of record, or an employee of the attorney, must do the following:
    a.  Place copies of this Notice of Conservatee's Rights, with attached conformed copies of the Order Appointing Probate
    Conservator in sealed envelopes, addressed to each person at the address shown for that person on the Proof of Mailing on page 3 of this form, or on attached additional pages, with postage fully prepaid.
    b.  Deposit (mail) the sealed envelope(s) with the United States Postal Service on the date and from the place (city and state)
    shown in item 4 of the Proof of Mailing on page 3 of this form.

    6.  Filing Notice of Conservatee's Rights: The conservator, or his or her attorney of record, must file with the court the original
    Notice of Conservatee's Rights, with a signed and dated Proof of Mailing and all attached additional address pages.
    Do not attach a copy of the Order Appointing Probate Conservator to the original Notice of Conservatee's Rights filed with the court.

    GC-341 [Rev. January 1, 2008]


    NOTICE OF CONSERVATEE'S RIGHTS
    (Probate-Guardianship and Conservatorships)
    Page 4 of 4



     




    GC-341(MA)
      CONSERVATORSHIP OF THE  small form box check PERSON  small form box ESTATE   OF
     (name): Terry Morgan Doe
    CONSERVATEE   
      CASE NUMBER:
            PCN-16-123456

     

    ATTACHMENT TO NOTICE OF CONSERVATEE'S RIGHTS

    (This attachment is for use with Form GC-341.)

    NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED

    Name and relationship
    to conservatee
    Address (number, street, city, state, and zip code)

     
     Mary Doe

      567 J St
      Taos, NM 87571





    Relationship:  
     Aunt

     
        
     








    Relationship:  
     

     
        
     








    Relationship:  
     

     
        
     








    Relationship:  
     

     
        
     








    Relationship:  
     

     
        
     








    Relationship:  
     

     
        
     








    Relationship:  
     

     
        
     








    Relationship:  
     

     
        
     








    Relationship:  
     

     

    Page   1   of   1  
    Form Adopted for Optional Use
    Judicial Council of California
    GC-341(MA) [Rev. January 1, 2008]
    ATTACHMENT TO NOTICE OF CONSERVATEE'S RIGHTS
    (Probate-Guardianship and Conservatorships)






     




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