GC 310 Petition For Appointment Of Probate Conservator Gc310
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requests that
be appointed
of the PERSON of the (proposed) conservatee and Letters issue upon qualification.
be appointed
of the ESTATE of the (proposed) conservatee and Letters issue upon qualification.
(1)
(2)
(3)
Page 1 of 8
Do NOT use this form for a temporary conservatorship.
Form Adopted for Mandatory Use
Judicial Council of California
GC-310 [Rev. January 1, 2016]
Probate Code, §§ 1820, 1821,
2680–2682
www.courts.ca.gov
PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)
a.
d.
e.
f.
g.
1.
b.
or an exempt government agency.
c.
Granting the proposed conservator of the estate powers to be exercised independently under
Probate Code section 2590 would be to the advantage and benefit and in the best interest of the conservatorship
estate. (Specify orders, powers, and reasons in Attachment 1d.)
Petitioner (name):
(Name): (Telephone):
(Address):
successor conservator limited conservator
(Name): (Telephone):
(Address):
successor conservator limited conservator
bond not be required because the proposed successor
for the reasons stated in Attachment 1c.
bond be fixed at: to be furnished by an authorized surety company or as otherwise provided by
law. (Specify reasons in Attachment 1c if the amount is different from the minimum required by Probate Code
section 2320.)
$
in deposits in a blocked account be allowed. Receipts will be filed.
$
(Specify institution and location):
orders authorizing independent exercise of powers under Probate Code section 2590 be granted.
orders relating to the capacity of the (proposed) conservatee under Probate Code section 1873 or 1901 be granted.
(Specify orders, facts, and reasons in Attachment 1e.)
orders relating to the powers and duties of the proposed conservator of the person under Probate
Code sections 2351–2358 be granted. (Specify orders, facts, and reasons in Attachment 1f.)
the (proposed) conservatee be adjudged to lack the capacity to give informed consent for medical treatment or healing by
prayer and that the proposed conservator of the person be granted the powers specified in Probate
Code section 2355. (Complete item 9 on page 6.)
conservator is a corporate fiduciary
successor
successor
successor
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
(name):
CONSERVATORSHIP OF
(PROPOSED) CONSERVATEE
FOR COURT USE ONLY
CASE NUMBER:
PETITION FOR APPOINTMENT OF
PROBATE CONSERVATOR OF THE
SUCCESSOR
PERSON ESTATE
Limited Conservatorship
GC-310
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
HEARING DATE AND TIME: DEPT.:
Jurisdictional facts (initial appointment only) The proposed conservatee has no conservator in California and is a
(1)
(2)
Petitioner (answer items (1) and (2) and check all other items that apply)
GC-310 [Rev. January 1, 2016] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)
Page 2 of 8
i.
j.
k.
l. other orders be granted. (Specify in Attachment 1l.)
1.
2.
3. a.
(a)
(b)
(a)
(b)
(c)
b.
a creditor or an agent of a creditor of the (proposed) conservatee.
a debtor or an agent of a debtor of the (proposed) conservatee.
h.
* See item 5b on page 4.
conservator.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(for limited conservatorship only) orders relating to the powers and duties of the proposed limited
conservator of the person under Probate Code section 2351.5 be granted. (Specify orders, powers,
and duties in Attachment 1h and complete item 1j.)
successor *
(for limited conservatorship only) orders relating to the powers and duties of the proposed limited
conservator of the estate under Probate Code section 1830(b) be granted. (Specify orders, powers,
and duties in Attachment 1i and complete item 1j.)
successor *
(for limited conservatorship only) orders limiting the civil and legal rights of the (proposed) limited conservatee be
granted. (Specify limitations in Attachment 1j.)
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, are filed herewith. will be filed before the hearing.
(appointment of successor conservator only) will not be filed because an order relating to dementia placement or
treatment was filed on . That order has neither expired by its terms nor been revoked.
(date):
(Proposed) conservatee is (name): (Telephone):
(Present address):
resident of California and
a resident of this county.
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.
nonresident of California but
is temporarily living in this county, or
has property in this county, or
commencement of the conservatorship in this county is in the best interest of the proposed conservatee for the
reasons specified in Attachment 3a.
is is not
is
is the proposed
is the (proposed) conservatee. (If this item is not checked, you must also complete item 3f.)
is the spouse of the (proposed) conservatee. (You must also complete item 6.)
is the domestic partner or former domestic partner of the (proposed) conservatee. (You must also complete item 7.)
is a relative of the (proposed) conservatee as (specify relationship):
is an interested person or friend of the (proposed) conservatee.
is a state or local public entity, officer, or employee.
is the guardian of the proposed conservatee.
is a bank is other entity authorized to conduct the business of a trust company.
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.)
GC-310
(name):
CONSERVATORSHIP OF
(PROPOSED) CONSERVATEE
CASE NUMBER:
is not
successor
Character and estimated value of the property of the estate (complete items (1) or (2) and (3), (4), and (5)):
e.
(1)
Personal property: , per Inventory and Appraisal filed in this proceeding on $
Annual gross income from
Total of (1) or (2) and (3):
(3)
(2)
(4)
(5) Real property:
(a)
(b)
(c)
(d)
(e)
(f)
real property:
personal property:
pensions:
wages:
public assistance benefits:
other:
(a)
(b)
Proposed conservator is (check all that apply)
c.
(8)
3.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
d.
f.
(1)
(2)
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.)
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).
(1)
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).
(2)
successor
a nominee. (Affix nomination as Attachment 3c(1).)
the spouse of the (proposed) conservatee. (You must also complete item 6.)
the domestic partner or former domestic partner of the (proposed) conservatee. (You must also complete item 7.)
a relative of the (proposed) conservatee as (specify relationship):
a bank. other entity authorized to conduct the business of a trust company.
a nonprofit charitable corporation that meets the requirements of Probate Code section 2104.
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.)
other (specify):
Engagement and prior relationship with petitioning professional fiduciary (complete this item if petitioner is licensed by the
Professional Fiduciaries Bureau.)
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.
(For appointment of successor conservator only, if complete Inventory and Appraisal filed by predecessor):
(specify dates of filing of all inventories and appraisals):
Estimated value of personal property: $
$
$
$
$
$
$
$
$
per Inventory and Appraisal identified in item (1).
estimated value.
Due diligence (complete this item if the (proposed) conservatee is not a petitioner):
GC-310
(name):
CONSERVATORSHIP OF
(PROPOSED) CONSERVATEE
CASE NUMBER:
GC-310 [Rev. January 1, 2016] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)
Page 3 of 8
(Proposed) conservatee
4.
a.
b.
c.
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):
is receiving or entitled to receive is neither receiving nor entitled to receive
benefits from the U.S. Department of Veterans Affairs (estimate amount of monthly benefit payable):
Name of tribe:
(If you answered "is," complete items (1)–(4)):
(1)
is is not
, so far as is known to petitioner, a member of a federally recognized Indian tribe.is notis
Location of tribe (if the tribe is located in more than one state, the state that is the tribe's principal location):
(2)
(3) The proposed conservatee does does not reside on tribal land.*
(4) So far as known to petitioner, the proposed conservatee does not own
owns property on tribal land.
5.
(1)
(2)
(3)
(4)
a.
There is a vacancy in the office of conservator of the for the reasons
b.
Proposed conservatee (initial appointment of conservator only)
is an adult.
will be an adult on the effective date of the order (date):
is a married minor.
is a minor whose marriage has been dissolved.
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).)
specified in Attachment 5b. specified below.
So far as known to Petitioner, a conservatorship or equivalent proceeding concerning the proposed conservatee
has
3.
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):
person estate
* “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.
g.
GC-310
(name):
CONSERVATORSHIP OF
(PROPOSED) CONSERVATEE
CASE NUMBER:
GC-310 [Rev. January 1, 2016] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)
Page 4 of 8
has not
(2)
Supporting facts are
5.
substantially unable to manage his or her financial resources or to resist fraud or undue influence.
specified in Attachment 5c(2) as follows:
c. (Proposed) conservatee requires a conservator and is
(1)
Supporting facts are
unable to properly provide for his or her personal needs for physical health, food, clothing, or shelter.
specified in Attachment 5c(1) as follows:
GC-310
(name):
CONSERVATORSHIP OF
(PROPOSED) CONSERVATEE
CASE NUMBER:
GC-310 [Rev. January 1, 2016] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)
Page 5 of 8
(Proposed) conservatee (check all that apply)
a.
nominated the proposed
wish to contest the establishment of a conservatorship,
object to the proposed conservator, AND prefer that another person act as conservator.
b.
9.
(Proposed) conservatee an adherent of a religion that relies on prayer alone for healing, as defined
in Probate Code section 2355(b).
c.
There is no form of medical treatment for which the (proposed) conservatee has the capacity to give an informed consent.
b.
8.
conservator.
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,
a.
c.
d.
e.
d.
That order has neither expired by its terms nor been revoked.
will attend the hearing AND is the petitioner is not the petitioner AND
(initial appointment of conservator only) is able but unwilling to attend the hearing AND
(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 is filed with this petition. will be filed before the hearing.
(initial appointment of conservator only) is not the petitioner, is out of state, and will not attend the hearing.
(appointment of successor conservator only) will not attend the hearing.
Medical treatment of (proposed) conservatee
is filed with this petition. will be filed before the hearing. will not be filed for the reason stated in c.
(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):
is is not
does does not
does does not
has has not
does does not
successor
conservator is the spouse of the (proposed) conservatee. successor
Petitioner or proposed
6.
a.
b.
conservator be appointed.
7. 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.
b.
(If you checked item 7b(1) or (2) or both, specify the facts and reasons in Attachment 7b.)
conservator be appointed.(1)
(2) the domestic partner or former domestic partner be appointed as the
a successor
conservator.
successor
(If you checked item 6b(1) or (2) or both, specify the facts and reasons in Attachment 6b.)
conservator.
(1)
(2)
(If this statement is true, you must answer a or b.)
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.
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:
a successor
the spouse be appointed as the
Petitioner or proposed
The domestic partner of the (proposed) conservatee has not terminated and does not intend to terminate the domestic
partnership.
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
successor
successor
e.
(Proposed) conservatee 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).
d.
(Specify facts showing good cause in Attachment 5(d).)
f.
(Proposed) conservatee voluntarily requests the appointment of a conservator.
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.)
is is not
successor
5.
GC-310
(name):
CONSERVATORSHIP OF
(PROPOSED) CONSERVATEE
CASE NUMBER:
GC-310 [Rev. January 1, 2016] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)
Page 6 of 8
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
Continued on Attachment 11.
(7)
The names, residence addresses, and relationships of the spouse or registered domestic partner and the second-degree relatives
of the (proposed) conservatee (his or her parents, grandparents, children, grandchildren, and brothers and sisters), so far as
known to petitioner, are
Name and relationship to conservatee Residence address
(1)
(2)
(3)
(4)
(5)
a.
b.
(Proposed) conservatee's relatives
(6)
11.
listed below.
not known, or no longer living, so the (proposed) conservatee's deemed relatives under Probate Code section 1821(b)
(1)–(4) are listed below.
(16)
10.
Filed with this petition is a Petition for Appointment of Temporary Conservator (form GC-111).
Temporary conservatorship
GC-310
(name):
CONSERVATORSHIP OF
(PROPOSED) CONSERVATEE
CASE NUMBER:
GC-310 [Rev. January 1, 2016] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)
Page 7 of 8
Filed with this petition is a proposed Order Appointing Court Investigator (form GC-330).
13.
(All petitioners must also sign (Prob. Code, § 1020; Cal. Rules of Court, rule 7.103).)
(SIGNATURE OF ATTORNEY FOR PETITIONER)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(SIGNATURE OF PETITIONER)
(SIGNATURE OF PETITIONER)
14.
12.
Submitted with this petition is a Confidential Conservator Screening Form (form GC-314) completed and signed by the
proposed conservator. (Required for all proposed conservators except banks and trust companies.)
Confidential conservator screening form
Court investigator
Number of pages attached:
Date:
(TYPE OR PRINT NAME OF ATTORNEY FOR PETITIONER)
Date:
successor
(TYPE OR PRINT NAME OF PETITIONER)
(TYPE OR PRINT NAME OF PETITIONER)
GC-310
(name):
CONSERVATORSHIP OF
(PROPOSED) CONSERVATEE
CASE NUMBER:
GC-310 [Rev. January 1, 2016] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR
(Probate—Guardianships and Conservatorships)
Page 8 of 8
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