California Form Gc 320 PDF Details

Understanding the California GC-320 form is vital for individuals navigating the complexities of conservatorship cases within the state. Designed as a citation for conservatorship, this legal document plays a crucial role in proceedings concerning the appointment of a conservator for a person deemed incapable of managing their personal or financial affairs. Initiating this process requires detailed information about the attorney or party without attorney, propositional conservatee and the specific nature of the conservatorship—be it limited to personal needs like physical health, food, clothing, or shelter, or extending to property management due to an inability to resist fraud or undue influence. The form meticulously outlines the rights of the proposed conservatee, including the right to appear at the hearing, to hire an attorney or have one appointed if financially unable to do so, and to request a jury trial. For those facing limited conservatorship, additional rights to oppose certain duties or powers of the conservator are highlighted. Essential to ensuring due process, the GC-320 form includes a segment on how it must be served, underscoring the procedural steps necessary for a fair and informed legal process regarding conservatorships in California.

QuestionAnswer
Form NameCalifornia Form Gc 320
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namesgc 320 citation for conservatorship, gc 320 form pdf, citation conservatorship, gc 320 sample

Form Preview Example

GC-320

ATTORNEY OR PARTY WITHOUT ATTORNEY:

STATE BAR NO.:

FOR COURT USE ONLY

 

 

NAME:

 

 

FIRM NAME:

 

 

STREET ADDRESS:

 

 

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

ATTORNEY FOR (name):

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

STREET ADDRESS:

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

 

 

 

CONSERVATORSHIP OF THE

 

PERSON

 

ESTATE

 

 

 

 

of (name):

 

 

 

 

 

 

 

 

 

 

PROPOSED CONSERVATEE

 

 

 

 

 

 

 

 

CITATION FOR CONSERVATORSHIP

CASE NUMBER:

 

 

 

Limited Conservatorship

 

 

 

 

 

 

 

 

 

 

 

THE PEOPLE OF THE STATE OF CALIFORNIA,

To (name):

1.You are hereby cited and required to appear at a hearing in this court on

a.

Date:

 

Time:

 

 

 

Dept.:

 

Room:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

Address of court:

 

same as noted above

 

 

other (specify):

 

 

 

 

 

 

 

and to give any legal reason why, according to the verified petition filed with this court, you should not be found to be

 

unable to provide for your personal needs

 

 

 

unable to manage your financial resources

and by reason thereof,

why the following person should not be appointed

 

 

 

conservator

 

limited conservator

of your

 

person

 

 

 

 

 

 

estate (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.A conservatorship of the person may be created for a person who is unable properly to provide for his or her personal needs for physical health, food, clothing, or shelter. A conservatorship of the property (estate) may be created for a person who is unable to resist fraud or undue influence, or who is substantially unable to manage his or her own financial resources. "Substantial inability" may not be proved solely by isolated incidents of negligence or improvidence.

3. At the hearing a conservator may be appointed for your

 

person

 

estate.

The appointment may affect or transfer to the conservator your right to contract, to manage and control your property, to give informed consent for medical treatment, to fix your place of residence, and to marry.

4.You may be disqualified from voting if you are found to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process. You will not be disqualified from voting on the basis that you do, or would need to do, any of the following to complete an affidavit of voter registration:

a.Sign the affidavit of voter registration with a mark or a cross, pursuant to Section 2150(b) of the Elections Code;

b.Sign the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code;

c.Complete the affidavit of voter registration with the assistance of another person pursuant to Section 2150(d) of the

Elections Code; or

d. Complete the affidavit of voter registration with reasonable accommodations.

5.The judge or the court investigator will explain to you the nature, purpose, and effect of the proceedings and answer questions concerning the explanation.

CONTINUED ON PAGE 2. THE CLERK'S SEAL IS ALSO ON THAT PAGE.

Page 1 of 3

Form Adopted for Mandatory Use Judicial Council of California GC-320 [Rev. July 1, 2016]

CITATION FOR CONSERVATORSHIP

(Probate—Guardianships and Conservatorships)

Probate Code, § 1823

www.courts.ca.gov

GC-320

CONSERVATORSHIP OF THE

of (name):

PERSON

ESTATE

PROPOSED CONSERVATEE

CASE NUMBER:

6.You have the right to appear at the hearing and oppose the petition. You have the right to hire an attorney of your choice to represent you. The court will appoint an attorney to represent you if you are unable to retain one. You must pay the cost of that attorney if you are able. You have the right to a jury trial if you wish.

7.(For limited conservatorship only) In addition to the rights stated in item 6 above, you have the right to oppose the petition in part by objecting to any or all of the requested duties or powers of the limited conservator.

Date:

(SEAL)

Clerk, by

 

, Deputy

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for Accommodations by Persons With Disabilities and Order (form MC-410). (Civil Code section 54.8.)

GC-320 [Rev. July 1, 2016]

CITATION FOR CONSERVATORSHIP

Page 2 of 3

(Probate—Guardianships and Conservatorships)

GC-320

CONSERVATORSHIP OF THE

of (name):

PERSON

ESTATE

PROPOSED CONSERVATEE

CASE NUMBER:

PROOF OF SERVICE

1.At the time of service I was at least 18 years of age and not a party to this proceeding. I served copies of the Citation for Conservatorship and the Petition for Appointment of Probate Conservator (form GC-310) as follows:

2.a. Person cited (name):

b. Person served: (1)

(2)

person in item 2a

other (specify name and title or relationship to the person named in item 2a):

c. Address (specify):

3.I served the person named in item 2

a.

 

by personally delivering the copies

(1) on (date):

(2) at (time):

b.

 

by mailing the copies to the person served, addressed as shown in item 2c, by first-class mail, postage prepaid,

 

 

(1)

on (date):

(2)

from (city):

 

(3)

 

with two copies of the Notice and Acknowledgment of Receipt—Civil and a postage-paid return envelope

 

 

 

 

 

 

addressed to me. (Attach completed Notice and Acknowledgment of Receipt—Civil (form POS-015).)

 

(4)

 

to an address outside California with return receipt requested. (Attach completed return receipt.)

 

 

c.

 

other (specify other manner of service, and the authorizing code section and order of the court):

 

4.a. Person serving (name, address, and telephone number):

 

b.

 

 

Fee for service: $

 

c.

 

 

Not a registered California process server.

 

 

 

d.

 

 

Exempt from registration under Business and Professions Code section 22350(b).

 

 

 

 

e.

 

 

Registered California process server.

 

 

 

 

 

(1)

 

Employee or independent contractor.

 

 

 

 

 

(2)

Registration no. (specify):

 

 

(3)

County (specify):

 

 

(4)

Expiration (date):

5.

 

 

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

 

 

6.

 

 

I am a California sheriff or marshal and I certify that the foregoing is true and correct.

 

 

Date:

(SIGNATURE OF PERSON SERVING)

GC-320 [Rev. July 1, 2016]

CITATION FOR CONSERVATORSHIP

Page 3 of 3

(Probate—Guardianships and Conservatorships)

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Stage no. 1 in filling out gc 320 form

2. Soon after finishing the last part, go on to the next stage and enter the essential particulars in these blanks - a Date, Time, Dept, Room, Address of court, same as noted above, other specify, and to give any legal reason why, unable to provide for your, why the following person should, unable to manage your financial, limited conservator, and by reason thereof, of your, and person.

A way to fill in gc 320 form portion 2

Many people often get some points wrong while filling in a Date in this section. Be sure to double-check whatever you enter right here.

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gc 320 form conclusion process clarified (stage 3)

4. Filling out At the time of service I was at, Person cited name, Person served, person in item a other specify, Address specify, I served the person named in item , by personally delivering the, on date, at time, on date, from city, with two copies of the Notice and, and other specify other manner of is essential in the fourth section - be certain to be patient and take a close look at each and every empty field!

Stage no. 4 for submitting gc 320 form

5. The document must be wrapped up within this part. Here you'll see a detailed listing of blank fields that must be completed with accurate information for your document submission to be faultless: Person serving name address and, b c d e, Date, Fee for service Not a registered, Registration no specify County, Employee or independent contractor, I declare under penalty of perjury, I am a California sheriff or, SIGNATURE OF PERSON SERVING, GC Rev July , CITATION FOR CONSERVATORSHIP, ProbateGuardianships and, and Page of .

The best ways to prepare gc 320 form step 5

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