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GC-348 Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators




This form can be filed with your initial GC 310 Petition for Conservatorship or before your hearing date. The form must be filed before the judge will appoint you as conservator(s).

This form is a summary of duties of conservator and the only parts that need to be filled out are the first page header and sign and date that you have read the form and downloaded and read the Handbook for Conservators. A good portion of this form and the Handbook for Conservators address various types of conservatorship including estate and is not applicable to a recently turn adult/child with autism with no estate of a large amount. There are portions of the Conservator of the Estate that are good practice for what you should do in handling the financial of a person under limited conservatorship, like keeping records and keeping assist separate from your own. You should note the portions that are The Conservatee’s Rights, Conservator of the Person and Limited Conservator (for developmentally disabled only).

Form Links

Filled in Example GC-348 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-348 Form

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

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GC-348 Form in HTML so it can be Translated


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GC-348 Form in HTML so it can be Translated

The GC-348 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-348 pdf form and English.

GC-348

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

 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 THE   small form box check   PERSON   small form box ESTATE OF
(Name): Terry Morgan Doe

CONSERVATEE  

 DUTIES OF CONSERVATOR
and Aknowledgement of Receipt of Handbook for Conservators
 FOR COURT USE ONLY


















 CASE NUMBER:

        PCN-16-123456


DUTIES OF CONSERVATOR

When you are appointed by the court as a conservator, you become responsible to the court and assume certain duties and obligations. All of your actions as conservator are subject to review by the court. You should clearly understand the information on this form. You will find additional information in the Judicial Council's Handbook for Conservators, receipt of which, in addition to a copy of this form, you are required by law to acknowledge.

I. THE CONSERVATEE'S RIGHTS

Conservatees do not lose all rights or all voice in important decisions affecting their lives. All conservatees have the right to be treated with understanding and respect, the right to have their wishes considered, and the right to be well cared for by their conservators. Conservatees generally keep the right to (1) control their own wages or salary from employment, (2) make or change a will, (3) marry, (4) receive personal mail, (5) be represented by a lawyer, (6) ask a judge to change conservators, (7) ask a judge to end the conservatorship, (8) vote, unless a judge decides they are not capable of exercising this right, (9) control personal spending money if a judge has authorized an allowance, and (10) make their own medical decisions, unless a judge has taken away that right and given it exclusively to their conservators.

II. CONSULT WITH YOUR ATTORNEY

Your attorney will advise you on your duties, the limits of your authority, the conservatee’s rights, your dealings with the court, all other topics discussed in this form, and many other matters. He or she will tell you when you must ask for prior court approval to take an action, when you may do so (and why it might be a good idea), and when prior court approval is not required. All legal questions should be discussed with your attorney, not the court staff, which is not permitted to give legal advice.
Your attorney will also help prepare your inventories, accountings, petitions, and all other documents to be filed with the court; and will see that the persons entitled to be notified of your actions are given proper notice. He or she will also advise you about legal limits on estate investments, leases and sales of estate assets, loans, lawsuits against others involving the conservatee or his or her property, and many other matters, and can prepare or review documents needed in these matters. You should communicate frequently and cooperate fully with your attorney at all times. When in doubt, contact your attorney.
Other questions may be answered by calling on local community resources. (To find these resources, see the Handbook for Conservators and the local supplement distributed by the court.)

III. CONSERVATOR OF THE PERSON

If the court appoints you as conservator of the person, you are responsible for the conservatee’s care and protection. You must decide, within certain limits, where the conservatee will live; and you must arrange for the conservatee’s health care, meals, clothing, personal care, housekeeping, transportation, and recreation.

A. DETERMINE THE APPROPRIATE LEVEL OF CARE FOR THE CONSERVATEE

You must determine the conservatee’s appropriate level of care. Your determination must be in writing, signed under penalty of perjury, must be filed with the court within 60 days of the date of the court’s order appointing you as conservator, and must include:

Page 1 of 7

Form Adopted for Mandatory Use
Judicial Council of California
GC-348 [Rev. January 1, 2011]
DUTIES OF CONSERVATOR
and Acknowledgement of Receipt of Handbook for Conservators
(Probate--Guardianships and Conservatorships)
Probate Code, § 1834,
www.courts.ca.gov


 




GC-348
  CONSERVATORSHIP OF
 (name): Terry Morgan Doe

CONSERVATEE   

  CASE NUMBER:

        PCN-16-123456

 


III. A. 1. An evaluation of the level of care existing when the petition for your appointment as a conservator was filed and the
measures that would be necessary to keep the conservatee in his or her personal residence.

(Note: The conservatee’s personal residence is the residence the conservatee understood or believed to be his or her permanent residence on (1) the date the petition for appointment of a conservator was filed in this matter, or (2) on the last earlier date the conservatee could form or communicate an understanding or belief about a permanent residence, whether or not he or she was living there when the appointment petition was filed. See Cal. Rules of Court, rule 7.1063(b).)

2. 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 that residence in the foreseeable future if the conservatee was not living there when the petition for appointment of a conservator was filed.
3. A reevaluation after a material (important) change in circumstances affecting the conservatee’s needs for placement and
care after your initial determination.
4. If the conservatee is a limited conservatee who is developmentally disabled, special rules may apply to the
determination of his or her level of care and residential placement. See item VI below.

B. DECIDE WHERE THE CONSERVATEE WILL LIVE

1. You must decide where the conservatee will live. You may choose a residence in California without prior approval of
the court, but you must choose the least restrictive appropriate residence that is available and necessary to meet the conservatee’s needs and that is in his or her best interests.
2. You must file a written notice of any change of the conservatee’s residence with the court within 30 days of the move,
and you must mail copies of the notice to the conservatee’s attorney, the conservatee’s spouse or registered domestic partner, and the conservatee’s relatives who were mailed copies of the petition for your appointment as conservator, unless the court excuses you from the mailing to prevent harm to the conservatee. (There is a court form you must use for this notice and another form you may use to prove that you have mailed it. The forms are the Post-Move Notice of Change of Residence of Conservatee or Ward (form GC-080) and the Attachment to Post-Move Notice, etc. (form GC-080(MA). These forms refer to a “post-move notice” because the notice may be filed and mailed after the date of the move.)
3. The law presumes that the conservatee’s personal residence (see item IIIA) is the conservatee’s least restrictive
appropriate residence. There must be a reason supported by sufficient evidence to justify a change of residence from the conservatee’s personal residence (including a move from a care facility or other temporary placement to a residence that is not the conservatee’s personal residence).
4. If you want to move the conservatee from his or her personal residence, in addition to the post-move notice described
in item 2, you must mail a notice of your intent to change the conservatee’s residence to the conservatee, the conservatee’s attorney, if any, and to each other person or entity entitled to notice of the hearing on the petition for your appointment as conservator; and then you must file with the court proof that the notice was mailed. Unless there is an emergency requiring a shorter period of notice, this notice must be mailed at least 15 days before the date of the proposed move. (There is a court form you must use for this notice and another form you may use to prove that you have mailed it. The forms are the Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward (form GC-079) and the Attachment to Pre-Move Notice, etc. (form GC-079(MA). These forms refer to a “pre-move notice” because the notice must be mailed before the move.)
5. If you want to establish the conservatee’s residence outside California, you must petition the court for permission before
the move. Notice of the court hearing on this petition, together with a copy of the petition, must be mailed to the conservatee and the other persons and entities that were entitled to notice of the hearing on the petition for your appointment as conservator. There is a court form for this petition, the Petition to Fix Residence Outside the State of California (form GC-085). Notice of the hearing and proof of its mailing is given on another court form, the Notice of Hearing—Guardianship or Conservatorship (form GC-020).
6. You may not place the conservatee involuntarily in a mental health treatment facility unless he or she has been
determined to be gravely disabled as the result of a mental disorder or impairment by chronic alcoholism, you have been appointed as conservator under the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5350 et seq.), and then only if the court has authorized the placement. If the court has authorized you to place the conservatee in a secured-perimeter residential care facility or a locked and secured nursing facility because he or she suffers from dementia, you must be sure that the placement is the least restrictive placement appropriate to the conservatee’s needs.

GC-348 [Rev. January 1, 2011]


DUTIES OF CONSERVATOR
and Acknowledgement of Receipt of Handbook for Conservators
(Probate--Guardianships and Conservatorships)
Page 2 of 7



 




GC-348
  CONSERVATORSHIP OF
 (name): Terry Morgan Doe

CONSERVATEE   

  CASE NUMBER:

        PCN-16-123456

 

III. C. PROVIDE MEDICAL CARE FOR THE CONSERVATEE

You are responsible for making sure that the conservatee’s health care needs are met. But there are special rules you must follow to meet these needs. Two of the most important rules are as follows:
1. Unless the court has given you exclusive authority to consent to the conservatee’s medical treatment because the court
court has determined that the conservatee has lost the capacity to make sound medical decisions, your consent or refusal to consent to such treatment is not sufficient if the conservatee disagrees (except in certain emergency situations). If you do have exclusive medical consent authority, you should be sure that all medical treatment and medications are appropriate.
2. If the conservatee has dementia and has lost the capacity to give an informed consent to the administration of
medications for its treatment and care, you must be given specific authority by the court to consent to the administration of these medications. If you do have this authority, you should be sure that the medications are appropriate.

D. WORK WITH THE PERSON(S) RESPONSIBLE FOR MANAGING THE CONSERVATEE'S PROPERTY

If other persons are handling the conservatee’s property, such as his or her estate conservator, the conservatee’s spouse or registered domestic partner in possession of the couple’s marital or partnership property, or the trustee of a trust created for the management of the conservatee’s property and for his or her support, you must work together to be sure that the conservatee can afford the care you arrange. Purchases you make for the conservatee must be approved by the person(s) responsible for managing the conservatee’s assets or you may not be reimbursed or your reimbursement may be delayed.

IV. CONSERVATOR OF THE ESTATE

The conservatee’s property or assets and income are known as the conservatee’s “estate.” If the court appoints you as conservator of the estate, you will manage the conservatee's finances, protect the conservatee’s income and property or assets, make an inventory of the conservatee’s property or assets, make sure the conservatee’s bills are paid, invest the conservatee’s money, see that the conservatee receives all the income and benefits to which he or she is entitled, ensure that the conservatee’s tax returns are filed on time and all taxes paid, keep accurate financial records, and regularly report the conservatee’s financial condition to the court. (Note: Property or assets and income in a trust for the conservatee's support and maintenance are usually not considered as part of the conservatee’s estate, particularly if the trust was created and funded before the appointment of a conservator. Unless the conservatee’s spouse or registered domestic partner consents to its inclusion in the conservatee’s estate, the community property of the conservatee and his or her spouse or registered domestic partner under the management and control of the spouse or partner is also not part of the conservatee’s estate.)

A. MANAGING THE ESTATE

1. Prudent management for the benefit of the conservatee; prudent investments
You must manage the estate’s property or assets and income for the benefit of the conservatee and with the care of a prudent person dealing with someone else’s property. You must not make unreasonably risky investments of money or property of the estate.
2. Prior court approval required for fees, borrowing, loans, and gifts
You must ask and receive the court’s permission, after full disclosure of all relevant facts, before you may pay from the conservatee’s estate fees to yourself for your services as conservator and to your attorney for his or her services to you; borrow money for or loan money from the conservatee's estate (to yourself or anyone else); or make gifts of estate assets or property.
3. Keep estate money and property separate from your or anyone else’s money or property
You must keep the money and property of the conservatee’s estate separate from your money or property or from the money or property of any other person. Never deposit estate funds in your personal bank account or otherwise mix them with your or anyone else’s funds, even for brief periods. Title to individual stocks, bonds, or other securities; securities broker accounts; mutual funds; and accounts with banks and other financial institutions must show that these assets are property of the conservatorship estate and not your or anyone else’s property.
4. Interest-bearing accounts and other investments
Except for a checking account intended for payment of ordinary expenses, estate bank accounts must earn interest. You may deposit estate funds in one or more insured accounts in financial institutions, but you should not put more than the FDIC insurance limit, currently $250,000, in any single institution. You have authority to make some investments without court approval. Other investments may be made only after court approval has been obtained. Consult with an attorney before making any investments, even those you have authority to make without court approval.

GC-348 [Rev. January 1, 2011]


DUTIES OF CONSERVATOR
and Acknowledgement of Receipt of Handbook for Conservators
(Probate--Guardianships and Conservatorships)
Page 3 of 7



 




GC-348
  CONSERVATORSHIP OF
 (name): Terry Morgan Doe

CONSERVATEE   

  CASE NUMBER:

        PCN-16-123456

 
IV. A. 5. Claims against others on behalf of the conservatee
Pursue claims against others on behalf of the conservatee’s estate when it is in the best interests of the conservatee or his or her estate to do so. The court may require you to be represented by a lawyer to proceed with litigation on behalf of the conservatee’s estate. Consider requesting prior court authority to pursue or compromise large or complex claims, particularly those that might require litigation and the assistance of legal counsel and those that might result in an award of attorney fees for the other party against the conservatee’s estate if you are unsuccessful. You may sign a contingent fee agreement with legal counsel on behalf of the conservatee’s estate if such agreements are customary for the type of case involved, but the court must approve the agreement before it is enforceable. You may ask for court approval of a contingent fee agreement before signing it and before legal counsel performs any services under it.
6. Defend against claims against the conservatee’s estate
Defend against actions or claims against the conservatee or his or her estate when it is in the best interest of the conservatee or the estate to do so. The court may require you to be represented by a lawyer for your defense of a lawsuit against the conservatee’s estate. You may request court approval or instructions concerning the defense or compromise of such a lawsuit.
7. Public and insurance benefits
You must learn about and collect all public and insurance benefits for which the conservatee is eligible.
8. Evaluate the conservatee’s ability to manage cash and other assets
You should evaluate the conservatee’s ability to manage cash or other assets and take appropriate action, including asking for prior court approval when necessary or appropriate, to enable the conservatee to do so to the level of his or her ability.
9. Locate the conservatee's estate planning documents
You should undertake, as soon as possible after your appointment and qualification as conservator, to locate and take reasonable steps to ensure the safety of the conservatee's estate planning documents, including wills and codicils, living trusts, powers of attorney for health care and finances, life insurance policies, and pension records.
10. Preserve property mentioned in the conservatee's estate planning documents
Make reasonable efforts to identify, locate, and preserve property mentioned in the conservatee’s estate planning documents.
11. Guard against inappropriate disclosure of the conservatee’s financial information
Subject to your duty of full disclosure to the court and persons entitled under the law to receive it, you must closely guard against unnecessary or inappropriate disclosure of the conservatee's financial information.
12. Conservatee's tangible personal property
If you plan to dispose of any of the conservatee’s tangible personal property, inform the conservatee’s family members in advance and give them an opportunity to acquire the property, with approval or confirmation of the court.
13. Factors to consider when deciding whether to dispose of any of the conservatee’s property
In deciding whether it is in the best interest of the conservatee to dispose of property of his or her estate, consider the following factors, among others, as appropriate in the circumstances:
(A)   The likely benefit or improvement of the conservatee’s life that disposing of the property would bring;
(B)   The likelihood that the conservatee would need or benefit from the property in the future;
(C)   The previously expressed or current desires of the conservatee concerning the property, unless accommodating
        those desires would violate your fiduciary duty to the conservatee or impose an unreasonable expense on the
       estate;
(D)   The provisions of the conservatee’s estate plan concerning the property;
(E)   The tax consequences of disposing of the property;
(F)   The impact of disposition on the conservatee’s eligibility for public benefits;
(H)    The condition of the entire estate;
(I)   The likelihood that the property will deteriorate or be subject to waste if kept in the estate; and
(J)   The benefit versus the cost or liability of maintaining the property in the estate.

GC-348 [Rev. January 1, 2011]


DUTIES OF CONSERVATOR
and Acknowledgement of Receipt of Handbook for Conservators
(Probate--Guardianships and Conservatorships)
Page 4 of 7



 




GC-348
  CONSERVATORSHIP OF
 (name): Terry Morgan Doe

CONSERVATEE   

  CASE NUMBER:

        PCN-16-123456

 

IV. A. 14. Property, casualty, and liability insurance
Determine the appropriate kinds and adequate levels of property, casualty, and liability insurance covering the property, assets, risks, and potential liabilities of the conservatee and his or her estate. Maintain the insurance in force during the entire period of the administration (except for assets after they are sold).
15. Communicate with conservator of the person and trustee
You should communicate as necessary and appropriate with the conservator of the conservatee’s person, if any, and with the trustee of any trust of which the conservatee is a beneficiary.
16. Other limitations or restrictions
There are many limitations or restrictions on your authority to deal with estate assets not mentioned here. If you do not obtain the court’s permission when it is required before taking an action, you may be removed as conservator or you may be required to reimburse the estate from your own personal funds, or both.

B. INVENTORY OF ESTATE PROPERTY

1. Locate and take possession of the estate's property and prepare an inventory

You must identify, locate, take possession of, and protect all the conservatee’s property, assets, and income that will be or become part of the conservatorship estate. You must change the record title or ownership of most property and assets of the estate to reflect the conservatorship. You must record a copy of your Letters of Conservatorship (form GC-350) with the county recorder in each county where the conservatee owns real property. You must then prepare an inventory, or a list, of all of the real and personal property of the estate. There are court forms that must be used for the inventory. These consist of a two-page cover sheet, Inventory and Appraisal (form DE-160/GC-040) and one or more pages to be attached to the cover sheet containing the list of property, Inventory and Appraisal Attachment (form DE-161/GC-041). The property is separated into two categories, cash and cash-equivalent items, listed on Attachment 1; and all other types of real and personal property, listed on Attachment 2.

2. Determine the value of the estate’s property

You must arrange to have a probate referee appointed by the court appraise, or determine the fair market value of, the noncash property of the estate shown in Attachment 2 of your inventory unless the referee’s appointment is waived by the court. You, rather than the referee, may appraise the value of the cash and cash-equivalent items of property listed in Attachment 1, such as bank accounts.

3. File and mail copies of the inventory and appraisal and notice of how to object

Within 90 days after your appointment as conservator, unless the court gives you more time, you must file with the court your inventory containing the appraisals of estate property, signed by you and, if the probate referee has appraised assets, by the referee. You must also mail copies of the completed inventory and appraisal to the conservatee, the conservatee’s attorney, if any, and the conservatee’s spouse or registered domestic partner, parents, and children, and must give them written notice of how to file an objection to the inventory and appraisal. There is a court form that must be used for this notice, the Notice of Filing of Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property (form GC-042).

C. RECORD KEEPING AND ACCOUNTING

1. Keep records and prepare accountings
You must keep complete and accurate records of each financial transaction affecting the estate, including all receipts of income, changes in assets or property held in the estate, and expenditures. The checkbook for the conservatorship checking account is your indispensable tool for keeping records of income and expenditures. You should also save original bills or invoices paid, records of property sale transactions, receipts for money spent, and bank or other institutions’ statements showing income received and money spent. You must prepare periodic accountings of all money and property you have received, what you have spent, the date of each transaction, and its purpose. Your accountings must describe in detail what you have left after you pay the estate’s expenses. There are court forms you may, or in some situations must, use for your accountings. You will have to file original statements from banks and other institutions with your accountings.

GC-348 [Rev. January 1, 2011]


DUTIES OF CONSERVATOR
and Acknowledgement of Receipt of Handbook for Conservators
(Probate--Guardianships and Conservatorships)
Page 5 of 7



 




GC-348
  CONSERVATORSHIP OF
 (name): Terry Morgan Doe

CONSERVATEE   

  CASE NUMBER:

        PCN-16-123456

 

IV. C. 2. Court review of your accountings and records
You must file with the court a report with each of your accountings that shows the current circumstances of the conservatee and the estate, along with a petition requesting that the court review and approve the accounting. Your first accounting is due one year after your appointment, and later accountings must be filed at least every two years after that. The court may order you to file more frequent accountings. You must save your receipts and other original records because the court may ask to review them. If you do not file your accountings as required, the court will order you to do so. You may be removed as conservator if you fail to properly prepare and file your accountings or comply with the court’s orders.

V. DUTY TO DISCLOSE CHANGES IN MARITAL OR DOMESTIC PARTNERSHIP STATUS

If you are the spouse of the conservatee, you must disclose to the court, and give notice to interested persons under the Probate Code, of the filing of any action or proceeding against the conservatee for (1) legal separation, (2) dissolution of marriage, or (3) adjudication of nullity of the marriage. If you are or were the registered domestic partner of the conservatee, you must disclose to the court any termination of the domestic partnership. The disclosure must be made within 10 days of the initial filing of the action or proceeding or termination of the partnership by filing a notice with the court. If you are not the spouse or registered domestic partner or former partner of the conservatee and one of these events occurs, the conservatee’s spouse or former registered domestic partner must disclose the event to you within the same 10-day period.

VI. LIMITED CONSERVATOR (for the developmentally disabled only)

A.  AUTHORITY SPECIFIED IN YOUR LETTERS OF CONSERVATORSHIP AND APPOINTMENT ORDER

If the court appoints you as limited conservator, you will have authority to take care of only those aspects of the conservatee's life and financial affairs specified in your Letters of Conservatorship and the court's order appointing you. The conservatee retains all other legal and civil rights. Although most of the information provided in this form also applies to limited conservatorships (especially the duties of the conservator of the person), you should clarify with your attorney exactly which information applies in your case.

B. DUTY TO HELP LIMITED CONSERVATEE DEVELOP SELF-RELIANCE

You must secure treatment, services, and opportunities that will assist the limited conservatee to develop maximum self-reliance and independence. This assistance may include training, education, medical and psychological services, social opportunities, vocational opportunities, and other appropriate help.

C. DETERMINATION OF LEVEL OF CARE FOR CERTAIN LIMITED CONSERVATEES

The level of care determination described in item IIIA does not apply to a limited conservatee who receives services from a regional center for the developmentally disabled and for whom the Director of Developmental Services or the regional center is acting as conservator. Determination of the services provided for and residential placement of these limited conservatees are to be identified, delivered, and evaluated consistent with the individual program plan process described in Welfare and Institutions Code sections 4640–4659. (See Prob. Code, § 2352.5(e).)

VII. TEMPORARY CONSERVATOR

If the court appoints you as temporary conservator, you will generally have the same duties and authority as general conservators, except the conservatorship will end on the date specified in your Letters of Temporary Conservatorship. Most of the information in this form also applies to temporary conservatorships, but you must consult your attorney about which duties you will not perform because of the short duration of the temporary conservatorship appointment. A temporary conservator should avoid making long-term decisions or changes that could safely wait until a general conservator is appointed. As temporary conservator, you may not move a conservatee from his or her home, unless there is an emergency, or sell or give away the conservatee's home or any other assets without prior court approval.

Sign the Acknowledgment of Receipt on page 7.

GC-348 [Rev. January 1, 2011]


DUTIES OF CONSERVATOR
and Acknowledgement of Receipt of Handbook for Conservators
(Probate--Guardianships and Conservatorships)
Page 6 of 7



 




GC-348
  CONSERVATORSHIP OF
 (name): Terry Morgan Doe

CONSERVATEE   

  CASE NUMBER:

        PCN-16-123456

 

VIII. JUDICIAL COUNCIL FORMS

This form identifies a number of Judicial Council forms used for court filings in conservatorship proceedings. This form, the petition for your appointment as conservator, and the order that appoints you as conservator are examples of Judicial Council forms. Judicial Council forms are either mandatory or optional. If a mandatory form applies to a situation or proposed action, it must be used. Optional forms may be used, at the option of the person preparing and filing the form or, in some situations, at the option of the court. Each form is identified on the bottom left side of its first page as optional or mandatory. Judicial Council forms are not available for every situation where a document may or must be filed with the court, but the forms address the most common and important matters that occur during a conservatorship. The Handbook for Conservators has additional information about Judicial Council conservatorship forms.
Your attorney will select and prepare the appropriate Judicial Council forms. However, if you do not have an attorney, you can prepare them yourself. All Judicial Council forms are posted on the California courts’ public website, www.courts.ca.gov. Select “Forms” at the top of the site's home page, then select the form group in the drop-down menu in the middle of the page. All conservatorship forms are collected in the Probate—Guardianships and Conservatorships form group. They are designated with the prefix “GC,” followed by a three-digit number. Forms shown in the drop-down list with an asterisk are mandatory forms.
The forms are posted on the website in both unfillable and fillable versions, as PDF files. The unfillable versions are designed to be completed by typewriter or, in some cases, by hand. Fillable forms may be filled out online, then printed out ready for signing and filing with the court, and they may also be saved to your computer and completed in more than one sitting. Go to the “Forms and Information” page at the Web site’s Self-Help Center for more information on accessing the forms.


ACKNOWLEDGMENT OF RECEIPT
of Duties of Conservator and Handbook for Conservators
(Probate Code, § 1834)

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.

Date: March 27, 2016

           John Doe signature arrow
                                           (TYPE OR PRINT NAME)                                                    (SIGNATURE OF PROPOSED) CONSERVATOR             

Date: March 27 2016

           Jane Doe signature arrow
                                           (TYPE OR PRINT NAME)                                                    (SIGNATURE OF PROPOSED) CONSERVATOR             

Date:

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                                           (TYPE OR PRINT NAME)                                                    (SIGNATURE OF PROPOSED) CONSERVATOR             

NOTICE
This statement of duties and liabilities is a summary and is not a complete statement of the law. Your conduct as a conservator is governed by the law itself and not by this summary or by the Judicial Council's Handbook for Conservators. When in doubt, consult your attorney.

GC-348 [Rev. January 1, 2011]


DUTIES OF CONSERVATOR
and Acknowledgement of Receipt of Handbook for Conservators
(Probate--Guardianships and Conservatorships)
Page 7 of 7





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