Form Gc 341 – Fill Out and Use This PDF

GC-341

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)

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GC-341

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.

(Probate—Guardianships and Conservatorships)

GC-341

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):

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.		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.		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:					b. Place mailed (city, state):
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):									.
	I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
	Date:
		(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				Address (number, street, city, state, and zip code)
				to conservatee
1.
				Conservatee
2.
				Attorney for conservatee
3.

Spouse or registered domestic partner

4.

Relationship:

5.

Relationship:

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

(Probate—Guardianships and Conservatorships)

GC-341

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.

(Probate—Guardianships and Conservatorships)