Gc 310 Form PDF Details

Delving into the complexities of conservatorship proceedings, the Gc 310 form emerges as a crucial document within California's judicial ecosystem, specifically tailored for those situations necessitating the appointment of a successor conservator. This document, officially known as the "Petition for Appointment of Probate Conservator," serves as the foundational step in the transition of conservatorship duties from one party to another, ensuring the continued protection and management of a conservatee's personal and financial well-being. It encompasses a wide array of sections detailing the petitioner's intentions, the proposed conservatee's circumstances, jurisdictional facts critical for the court's consideration, and the specifics regarding the successor conservator's abilities and qualifications to manage either the personal care or financial resources of the conservatee—or both. Critical elements such as the necessity for bonds, the independence in exercising powers under section 2590 of the Probate Code, and any special orders relating to the conservatee's medical treatment or limitations of rights are methodically laid out, offering a comprehensive blueprint for the court's deliberation. This form isn't just paperwork; it's a pivotal document that balances legal rigor with the nuanced understanding necessary to cater to the best interests of those unable to care for themselves or manage their estates due to various constraints.

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Form NameGc 310 Form
Form Length8 pages
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Avg. time to fill out2 min
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GC-310

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):

(PROPOSED) CONSERVATEE

 

 

 

 

 

 

PETITION FOR APPOINTMENT OF

 

SUCCESSOR

 

 

CASE NUMBER:

 

 

 

 

 

 

PROBATE CONSERVATOR OF THE

 

PERSON

 

ESTATE

 

 

 

 

 

 

 

Limited Conservatorship

 

 

 

 

HEARING DATE AND TIME:

DEPT.:

 

 

 

 

 

 

 

 

1.Petitioner (name):

a.(Name):

(Address):

be appointed

successor

conservator

requests that

(Telephone):

limited conservator

of the PERSON of the (proposed) conservatee and Letters issue upon qualification.

 

b. (Name):

(Telephone):

(Address):

 

be appointed

successor

conservator

 

limited conservator

 

of the ESTATE of the (proposed) conservatee and Letters issue upon qualification.

c.(1)

(2)

bond not be required

 

because the proposed

 

successor

conservator is a corporate fiduciary

 

 

or an exempt government agency.

 

 

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.)

(3)

d.

e.

$

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.

Granting the proposed successor 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.)

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.)

f.

g.

orders relating to the powers and duties of the proposed

 

successor 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 successor conservator of the person be granted the powers specified in Probate Code section 2355. (Complete item 9 on page 6.)

Do NOT use this form for a temporary conservatorship.

Page 1 of 8

 

 

Form Adopted for Mandatory Use

PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR

Probate Code, §§ 1820, 1821,

GC-310 [Rev. January 1, 2019]

www.courts.ca.gov

Judicial Council of California

 

2680–2682

(Probate—Guardianships and Conservatorships)

GC-310

CONSERVATORSHIP OF

(name):

(PROPOSED) CONSERVATEE

CASE NUMBER:

1.h. (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.)

i. (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*

successor*

j. (for limited conservatorship only) orders limiting the civil and legal rights of the (proposed) limited conservatee be granted. (Specify limitations in Attachment 1j.)

k. orders authorizing placement or treatment for a major neurocognitive disorder (such as dementia) as specified in the Attachment Requesting Special Orders Regarding a Major Neurocognitive Disorder (form GC-313) under Probate Code section 2356.5 be granted. A Capacity Declaration—Conservatorship (form GC-335) and Major Neurocognitive Disorder

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 license with at least two years experience diagnosing major

neurocognitive disorders (including dementia),

 

are filed herewith.

 

will be filed before the hearing.

 

 

(appointment of successor conservator only) will not be filed because an order relating to placement or treatment for

a major neurocognitive disorder (such as dementia) was filed on (date):. That order has neither expired by its terms nor been revoked.

l. other orders be granted. (Specify in Attachment 1l.)

2. (Proposed) conservatee is (name):

(Telephone):

(Current address):

 

3.a.

(1)

(2)

Jurisdictional facts (initial appointment only) The proposed conservatee has no conservator in California and is a resident of California and

(a) a resident of this county.

(b) 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

(a) is temporarily living in this county, or

(b) has property in this county, or

(c) commencement of the conservatorship in this county is in the best interest of the proposed conservatee for the reasons specified in Attachment 3a.

b.Petitioner (answer items (1) and (2) and check all other items that apply)

(1)

 

is

 

is not

a creditor or an agent of a creditor of the (proposed) conservatee.

 

 

(2)

 

is

 

is not

a debtor or an agent of a debtor of the (proposed) conservatee.

 

 

(3)

 

is the proposed

 

successor

conservator.

 

 

(4) is the (proposed) conservatee. (If this item is not checked, you must also complete item 3f.)

(5) is the spouse of the (proposed) conservatee. (You must also complete item 6.)

(6) is the domestic partner or former domestic partner of the (proposed) conservatee. (You must also complete item 7.)

(7) is a relative of the (proposed) conservatee as (specify relationship):

(8) is an interested person or friend of the (proposed) conservatee.

(9) is a state or local public entity, officer, or employee.

(10) is the guardian of the proposed conservatee.

(11)

 

is a bank

 

is another entity authorized to conduct the business of a trust company.

 

 

(12) 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.)

* See item 5b on page 4.

GC-310 [Rev. January 1, 2019]

PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR

 

Page 2 of 8

(Probate—Guardianships and Conservatorships)

GC-310

CONSERVATORSHIP OF

(name):

(PROPOSED) CONSERVATEE

CASE NUMBER:

3. c.

d.

Proposed

 

successor conservator is (check all that apply)

 

(1) a nominee. (Affix nomination as Attachment 3c(1).)

(2) the spouse of the (proposed) conservatee. (You must also complete item 6.)

(3) the domestic partner or former domestic partner of the (proposed) conservatee. (You must also complete item 7.)

(4) a relative of the (proposed) conservatee as (specify relationship):

(5)

 

a bank.

 

another entity authorized to conduct the business of a trust company.

 

 

(6) a nonprofit charitable corporation that meets the requirements of Probate Code section 2104.

(7) 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.)

(8) other (specify):

Engagement and prior relationship with petitioning professional fiduciary (complete this item if petitioner is licensed by the Professional Fiduciaries Bureau.)

(1) 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.)

(2)

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.

e. Character and estimated value of the property of the estate (complete items (1) or (2) and (3), (4), and (5)):

(1)

(For appointment of successor conservator only, if complete Inventory and Appraisal filed by predecessor):

Personal property: $

, per Inventory and Appraisal filed in this proceeding on

(specify dates of filing of all inventories and appraisals):

f.

(2)

 

Estimated value of personal property:

$

 

(3)

Annual gross income from

 

 

(a)

real property:

$

 

(b)

personal property:

$

 

(c)

pensions:

$

 

(d)

wages:

$

 

(e)

public assistance benefits:

$

 

(f)

other:

$

(4)

Total of (1) or (2) and (3):

$

(5)

Real property:

$

(a) per Inventory and Appraisal identified in item (1).

(b) estimated value.

Due diligence (complete this item if the (proposed) conservatee is not a petitioner):

(1)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).

(2)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).

GC-310 [Rev. January 1, 2019]

PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR

Page 3 of 8

(Probate—Guardianships and Conservatorships)

GC-310

CONSERVATORSHIP OF

(name):

(PROPOSED) CONSERVATEE

CASE NUMBER:

3. g. So far as known to petitioner, a conservatorship or equivalent proceeding concerning the proposed conservatee

 

has not

 

 

has been filed in another jurisdiction, including a court of a federally-recognized Indian tribe with

 

 

 

 

 

 

 

jurisdiction (see Prob. Code, § 2031(b)).

(If you answered

"has," identify the jurisdiction and state the date the case was filed):

4.(Proposed) conservatee

a.

 

is

 

is not 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):

b. 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):

c.

 

 

is

 

is not , so far as is known to petitioner, a member of a federally recognized Indian tribe.

 

 

 

 

(If you answered "is," complete items (1)–(4)):

(1)

 

Name of tribe:

(2)

Location of tribe (if the tribe is located in more than one state, the state that is the tribe's principal location):

(3)

The proposed conservatee

 

does

 

does not

reside on tribal land.*

 

 

(4)

So far as known to petitioner, the proposed conservatee

 

 

owns

 

does not own property on tribal land.

 

 

 

5.a. Proposed conservatee (initial appointment of conservator only)

(1) is an adult.

(2) will be an adult on the effective date of the order (date):

(3) is a married minor.

(4) is a minor whose marriage has been dissolved.

b. 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).)

There is a vacancy in the office of conservator of the

 

person

 

estate

for the reasons

 

 

 

specified in Attachment 5b.

 

specified below.

 

 

 

 

 

 

 

 

*“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.

GC-310 [Rev. January 1, 2019]

PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR

Page 4 of 8

(Probate—Guardianships and Conservatorships)

GC-310

CONSERVATORSHIP OF

(name):

(PROPOSED) CONSERVATEE

CASE NUMBER:

5. c. (Proposed) conservatee requires a conservator and is

 

 

(1)

 

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

 

 

 

Supporting facts are

 

specified in Attachment 5c(1)

 

as follows:

 

 

 

 

(2)

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

Supporting facts are

 

specified in Attachment 5c(2)

 

as follows:

 

 

GC-310 [Rev. January 1, 2019]

PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR

 

Page 5 of 8

(Probate—Guardianships and Conservatorships)

GC-310

CONSERVATORSHIP OF

(name):

(PROPOSED) CONSERVATEE

CASE NUMBER:

5. d.

 

(Proposed) conservatee voluntarily requests the appointment of a

 

successor conservator.

 

 

 

 

(Specify facts showing good cause in Attachment 5(d).)

 

 

e. 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.)

f. (Proposed) conservatee

 

does

 

does not have a developmental disability 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).

 

 

 

 

6.

7.

8.

Petitioner or proposed

 

successor

conservator is the spouse of the (proposed) conservatee.

 

(If this statement is true, you must answer a or b.)

a. 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.

b. 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:

(1)

 

a

 

successor

conservator be appointed.

 

 

 

 

(2)

 

the spouse be appointed as the

 

successor

conservator.

 

 

(If you checked item 6b(1) or (2) or both, specify the facts and reasons in Attachment 6b.)

 

Petitioner or proposed

 

successor

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.The domestic partner of the (proposed) conservatee has not terminated and does not intend to terminate the domestic partnership.

b. 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

(1)

 

 

a

 

successor

conservator be appointed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

 

the domestic partner or former domestic partner be appointed as the

 

 

successor

 

conservator.

 

 

 

 

 

 

(If you checked item 7b(1) or (2) or both, specify the facts and reasons in Attachment 7b.)

 

 

 

 

 

 

(Proposed) conservatee (check all that apply)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a.

 

 

will attend the hearing AND

 

 

 

 

is the petitioner

 

 

is not the petitioner AND

 

 

has

 

 

 

has not

 

 

 

 

 

 

 

 

 

 

 

 

 

 

nominated the proposed

 

 

 

 

successor

 

conservator.

 

 

 

 

 

 

 

 

 

does

 

 

 

does not

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

(initial appointment of conservator only) is able but unwilling to attend the hearing AND

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

wish to contest the establishment of a conservatorship,

 

 

does

 

 

does not

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

object to the proposed conservator, AND

 

does

 

 

 

does not

 

prefer that another person act as conservator.

 

 

 

 

 

 

 

c.(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.

 

 

d. (initial appointment of conservator only) is not the petitioner, is out of state, and will not attend the hearing.

e. (appointment of successor conservator only) will not attend the hearing.

9.

Medical treatment of (proposed) conservatee

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

b.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,

is filed with this petition.

 

will be filed before the hearing.

 

will not be filed for the reason stated in c.

 

 

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):

That order has neither expired by its terms nor been revoked.

d. (Proposed) conservatee

 

is

 

is not an adherent of a religion that relies on prayer alone for healing, as defined

 

 

in Probate Code section

2355(b).

 

 

GC-310 [Rev. January 1, 2019]

PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR

 

Page 6 of 8

(Probate—Guardianships and Conservatorships)

GC-310

CONSERVATORSHIP OF

(name):

(PROPOSED) CONSERVATEE

CASE NUMBER:

10. Temporary conservatorship

Filed with this petition is a Petition for Appointment of Temporary Conservator (form GC-111).

11.(Proposed) conservatee's relatives

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

a.

b.

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.

Name and relationship to conservatee

Residence address

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

Continued on Attachment 11.

GC-310 [Rev. January 1, 2019]

PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR

 

Page 7 of 8

(Probate—Guardianships and Conservatorships)

GC-310

CONSERVATORSHIP OF

(name):

(PROPOSED) CONSERVATEE

CASE NUMBER:

12. Confidential conservator screening form

Submitted with this petition is a Confidential Conservator Screening Form (form GC-314) completed and signed by the

proposed

 

successor

conservator. (Required for all proposed conservators except banks and trust companies.)

 

13. Court investigator

Filed with this petition is a proposed Order Appointing Court Investigator (form GC-330).

14.Number of pages attached: Date:

(TYPE OR PRINT NAME OF ATTORNEY FOR PETITIONER)

(SIGNATURE OF ATTORNEY FOR PETITIONER)

(All petitioners must also sign (Prob. Code, § 1020; Cal. Rules of Court, rule 7.103).)

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 PETITIONER)

(SIGNATURE OF PETITIONER)

 

 

 

(TYPE OR PRINT NAME OF PETITIONER)

(SIGNATURE OF PETITIONER)

GC-310 [Rev. January 1, 2019]

PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR

 

(Probate—Guardianships and Conservatorships)

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appointment probate empty spaces to complete

Include the required information in the Petitioner name a, Name, Address, requests that, Telephone, Telephone, successor, be appointed of the PERSON of the, conservator, limited conservator, be appointed of the ESTATE of the, conservator, limited conservator, successor, and because the proposed segment.

Completing appointment probate step 2

The software will require information to quickly prepare the segment orders authorizing independent, successor, orders relating to the powers and, successor, the proposed conservatee be, Do NOT use this form for a, Form Adopted for Mandatory Use, PETITION FOR APPOINTMENT OF, Page of, and Probate Code wwwcourtscagov.

appointment probate orders authorizing independent, successor, orders relating to the powers and, successor, the proposed conservatee be, Do NOT use this form for a, Form Adopted for Mandatory Use, PETITION FOR APPOINTMENT OF, Page of, and Probate Code wwwcourtscagov fields to fill out

You will have to define the rights and obligations of both parties in section CONSERVATORSHIP OF name, PROPOSED CONSERVATEE, CASE NUMBER, for limited conservatorship only, for limited conservatorship only, successor, successor, for limited conservatorship only, orders authorizing placement or, will be filed before the hearing, are filed herewith, appointment of successor, date, other orders be granted Specify in, and Proposed conservatee is name.

stage 4 to filling out appointment probate

End up by analyzing the next areas and preparing them correspondingly: Jurisdictional facts initial, resident of California and, a b, a resident of this county not a, nonresident of California but, a b c, is temporarily living in this, Petitioner answer items and and, is not, is not, a creditor or an agent of a, is the proposed is the proposed, conservator, successor, and is the domestic partner or former.

Jurisdictional facts initial, resident of California and, a b, a resident of this county not a, nonresident of California but, a b c, is temporarily living in this, Petitioner answer items and and, is not, is not, a creditor or an agent of a, is the proposed is the proposed, conservator, successor, and is the domestic partner or former in appointment probate

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