California Form Gc 340 PDF Details

In the realm of legal forms and legal proceedings, the California GC 340 form represents a critical juncture in the conservatorship process, involving the appointment of a successor to manage the personal and/or financial affairs of an individual deemed unable to do so themselves. Typically arising under circumstances requiring the utmost sensitivity and care, this document serves as official court confirmation that a new conservator has been sanctioned to step into a role of considerable responsibility. Among the various assertions and declarations made within the document are findings related to the conservatee's incapacity, the necessity of appointing a conservator as the least restrictive means of intervention, and detailed provisions regarding the successor conservator's powers. Moreover, the form meticulously encapsulates provisions regarding the conservatee’s ability to consent to medical treatment, their voting rights, and the meticulous stipulations surrounding the financial arrangements of the conservatorship—including but not limited to bond requirements and the handling of the conservatee's assets. A particularly notable aspect of the GC 340 is its reflection on the conservatee’s ability to attend hearings, thus spotlighting the document's broader commitment to ensuring the conservatee's rights and welfare within the confines of legal proceedings. Through this comprehensive approach, the form not only functions as a vehicle for transferring conservatorship but also upholds the integrity of the process, ensuring that the appointed conservator is both capable and suitably positioned to act in the best interests of the conservatee.

QuestionAnswer
Form NameCalifornia Form Gc 340
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namesgc340 form pdf, conservatorship professions probate, order appointing conservator, order conservator

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GC-340

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONSERVATEE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDER APPOINTING

 

 

 

SUCCESSOR

 

 

 

 

 

CASE NUMBER:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROBATE CONSERVATOR OF THE

 

 

PERSON

 

ESTATE

 

 

 

 

 

 

Limited Conservatorship

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.

 

 

 

 

 

 

 

 

 

 

 

 

 

1. The petition for appointment of

 

successor

conservator came on for hearing as follows

 

 

(check boxes c, d, e, and f or g to indicate personal presence):

 

 

 

 

 

 

 

a.

 

Judicial officer (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

Hearing date:

 

 

Time:

 

 

 

 

 

 

Dept.:

 

 

Room:

 

 

 

 

 

 

 

 

 

 

 

 

 

c.

 

 

Petitioner (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d.

 

 

Attorney for petitioner (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

e.

 

 

Attorney for

 

 

person cited

 

 

the conservatee on petition to appoint successor conservator:

 

 

 

 

 

 

 

 

 

 

 

 

(Name):

 

 

 

 

 

 

 

 

 

 

 

 

(Telephone):

 

 

 

 

 

(Address):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

f.

 

Person cited was

 

present.

 

unable to attend.

 

g.

 

The conservatee on petition to appoint successor conservator was

 

THE COURT FINDS

able but unwilling to attend.

 

out of state.

 

 

present.

 

not present.

 

 

 

2.All notices required by law have been given.

3.Granting the conservatorship is the least restrictive alternative needed for the protection of the conservatee.

4.(Name):

 

a.

 

 

 

is unable properly to provide for his or her personal needs for physical health, food, clothing, or shelter.

 

b.

 

 

 

is substantially unable to manage his or her financial resources or to resist fraud or undue influence.

 

 

 

 

5.

c.

 

 

 

has voluntarily requested appointment of a conservator and good cause has been shown for the appointment.

 

 

 

The conservatee

 

 

a.

 

 

 

is an adult.

 

 

 

 

 

 

 

b.

 

 

 

will be an adult on the effective date of this order.

 

 

 

 

 

c.

 

 

 

is a married minor.

 

 

 

 

 

 

6.

d.

 

 

 

is a minor whose marriage has been dissolved.

 

 

 

 

 

There is no form of medical treatment for which the conservatee has the capacity to give an informed consent.

 

 

7.

 

 

 

 

 

The conservatee is an adherent of a religion defined in Probate Code section 2355(b).

 

 

 

 

 

 

 

Granting the

 

 

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.

 

 

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

to be furnished by an authorized surety company or as otherwise provided by law. are ordered to be placed in a blocked account at (specify institution and location):

GC-340

CONSERVATORSHIP OF

(name):

CONSERVATEE

CASE NUMBER:

9.

10.

11.

12.

13.

14.

15.

16.

17.

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

all

 

 

none

 

 

a portion of this sum (specify): $

 

 

 

 

 

 

 

 

 

 

The conservatee need not attend the hearing.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The appointed court investigator is (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Address and telephone):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(For limited conservatorship only) The limited conservatee is developmentally disabled as defined in Probate Code section

 

 

 

 

1420.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The

 

 

successor

conservator is a professional fiduciary as defined by Business and Professions Code section

 

 

6501(f).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

conservator

holds a valid, unexpired, unsuspended license as a professional fiduciary issued by

 

 

The

 

 

successor

 

 

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:

(Either a, b, or c must be checked):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a.

 

 

The

 

 

successor

conservator is not the spouse of the conservatee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

The

 

 

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.

 

 

 

 

 

conservator is the spouse of the conservatee and is a party to an action or proceeding against

 

 

The

 

 

successor

 

 

 

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

 

 

successor conservator.

 

 

 

 

 

(Either a, b, or c must be checked):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

conservator is not the domestic partner or former domestic partner of the conservatee.

a.

 

 

The

 

 

successor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

The

 

 

successor

conservator is the domestic partner of the conservatee and has neither terminated nor

 

 

 

intends to terminate their domestic partnership.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c.

 

 

The

 

 

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

 

 

successor

 

conservator.

 

 

 

 

 

 

THE COURT ORDERS

18.a. (Name): (Address):

is appointed

 

successor

b.(Name):

(Address):

is appointed

 

successor

conservator

conservator

 

(Telephone):

limited conservator

of the PERSON of (name):

and Letters of Conservatorship shall issue upon qualification.

 

(Telephone):

limited conservator

of the ESTATE of (name):

and Letters of Conservatorship shall issue upon qualification.

19. The conservatee need not attend the hearing.

20. a. Bond is not required.

b. Bond is fixed at: $

c. Deposits of: $

and receipts shall be filed. No withdrawals shall be made without a court order. Additional orders in attachment 20c.

GC-340 [Rev. January 15, 2016]

ORDER APPOINTING PROBATE CONSERVATOR

Page 2 of 3

(Probate—Guardianships and Conservatorships)

GC-340

CONSERVATORSHIP OF

(name):

CONSERVATEE

CASE NUMBER:

20.(cont.)

 

d.

 

 

The

 

successor

 

 

without a specific court order.

21.

 

 

For legal services rendered,

 

 

 

to (name):

 

 

conservator is not authorized to take possession of money or any other property

conservatee

 

conservatee's estate

shall pay the sum of: $

forthwith

as follows (specify terms, including any combination of payors):

22.

23.

24.

25.

26.

27.

28.

29.

30.

 

 

 

Continued in attachment 21.

 

 

 

 

The conservatee is disqualified from voting.

 

 

 

 

 

 

 

 

 

The conservatee lacks the capacity to give informed consent for medical treatment and the

 

successor

conservator of the person is granted the powers specified in Probate Code section 2355.

 

 

The treatment shall be performed by an accredited practitioner of a religion as defined in Probate Code

 

 

section 2355(b).

 

 

 

 

The

 

 

successor conservator of the estate is granted authorization under Probate Code section 2590 to exercise

 

 

independently the powers specified in attachment 24

 

subject to the conditions provided.

 

 

 

Orders relating to the capacity of the conservatee under Probate Code sections 1873 or 1901 as specified in attachment 25 are granted.

Orders relating to the powers and duties of the

 

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.)

Orders relating to the conditions imposed under Probate Code section 2402 on the

 

successor conservator

of the estate as specified in attachment 27 are granted.

 

 

a.

 

The

 

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.

 

The

 

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).

Other orders as specified in attachment 29 are granted.

 

 

The probate referee appointed is (name and address):

 

 

31.

 

(For limited conservatorship only)

Orders relating to the powers and duties of the

 

 

 

successor

 

 

limited conservator of the person under Probate Code section 2351.5 as specified in attachment 31 are granted.

32.

 

 

 

 

 

 

 

 

 

 

(For limited conservatorship only) Orders relating to the powers and duties of the

 

 

successor

 

 

limited conservator of the estate under Probate Code section 1830(b) as specified in attachment 32 are granted.

33.

 

(For limited conservatorship only) Orders limiting the civil and legal rights of the limited conservatee as specified in

 

 

 

attachment 33 are granted.

 

 

 

 

 

 

 

 

34.

 

This order is effective on the

 

 

date signed

 

date minor attains majority

(specify):

 

 

 

 

35.Number of boxes checked in items 18–34:

36.Number of pages attached:

Date:

JUDICIAL OFFICER

SIGNATURE FOLLOWS LAST ATTACHMENT

GC-340 [Rev. January 15, 2016]

ORDER APPOINTING PROBATE CONSERVATOR

(Probate—Guardianships and Conservatorships)

Page 3 of 3

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gc340 completion process detailed (step 1)

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Petitioner name, The petition for appointment of, and Room inside gc340

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