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Filing for Conservatorship

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Presentation on theme: "Filing for Conservatorship"— Presentation transcript:

1 Filing for Conservatorship

2 Basics Probate Court is on the 3d floor of the courthouse located at 1130 O Street Fresno, CA All papers should be filed at that location At the end of each document, except GC-340 Order Appointing Conservator, print your name, sign your name and give the date that you completed the form When you have completed each form, make 3 copies of the entire form. Put the complete original form on top, followed by each complete copy Use the same name and address on all forms. BE CONSISTENT

3 Cost of Filing for Conservatorship
Initial filing fee: $395 Court Investigator’s Fee: $930 (this fee is based on the c’tee’s income and is charged to the estate after the c’ship is granted) Fee waivers are available for the filing fees for those on public assistance or with qualifying incomes

4 Service The c’tee, certain relatives and sometimes other agencies must be served with copies of the Petition and Notice of Hearing Documents must be served by someone over the age of 18 who is not a party to the case. YOU MAY NOT SERVE DOCUMENTS YOURSELF IF YOU ARE THE PETITIONER The server completes the Proof of Service form on the back of the Notice of Hearing, then returns it to the Petitioner Petitioner must file the complete Notice of Hearing form with the Proof of Service on the back with the court before the hearing or hearing may be postponed The Notice of Hearing and Petition must be served at least 15 days before the hearing and may be served by mail.

5 Due Diligence Petitioner should make significant efforts to locate all people who need to be served Look in phone book, internet, relatives, friends, past landlords, past employers, tax records Keep records of all attempts to locate missing people If unable to locate, use Declaration of Due Diligence and Application and Order Dispensing with Notice

6 Forms Required to File for Conservatorship
GC-310 Petition for Appointment of Probate Conservator GC-020 Notice of Hearing GC-320 Citation for Conservatorship GC-314 Confidential Conservator Screening Form GC-312 Confidential Supplemental Information GC-335 Capacity Declaration (for dementia powers/medical consent only) GC-348 Duties of Conservator Video certificate GC-340 Order Appointing Conservator GC-350 Letters of Conservatorship GC-341 Notice of Conservatee’s Rights GC-355 Determination of Conservatee’s Appropriate Level of Care

7 GC-310 Petition for Appointment of Probate Conservator
Must be served on the following family members of the c’tee: spouse/domestic partner, parents, grandparents, siblings, children, and grandchildren If serving any minors (under the age of 12), the parent must also be served if not already getting served Must be served at least 15 days before the hearing date If c’tee is developmentally disabled, must be served on director of local Regional Center for the Developmentally Disabled (at least 30 days before hearing) If c’tee is eligible for VA benefits, must be served on the Office of Veterans Administration having jurisdiction in the area

8 GC-020 Notice of Hearing Complete the first page of the form, except for item 4 The Clerk will add the date of the hearing in item 4 when you file your documents A copy of the Notice should be served on all required family members and agencies along with the Petition Whoever performs the service should complete the Proof of Service on the second page of the Notice of Hearing form and the both pages should be filed with the court before the hearing date

9 GC-320 Citation for Conservatorship
A copy should be personally served on the proposed c’tee along with the Petition Must be served at least 15 days before the hearing Whoever performs the service should complete the Proof of Service on the second page of the Citation form and both pages should be filed with the court before the hearing date

10 GC-312 Confidential Supplemental Information
Is not a part of the public record Addresses the reasons for the c’ship Should “specify [the need] in detail, enlarging upon the reasons [for the c’ship] stated in the petition; provide specific examples from the proposed conservatee’s daily life showing significant behavior patterns.”

11 GC 314 Confidential Conservator Screening Form
Information on form is confidential and is available only to court and investigators Be truthful on this form. Getting caught being untruthful can hurt your c’ship application If any of the statements do apply, you do have opportunity to explain the circumstances

12 GC-335 Capacity Declaration
Necessary when conservator is requesting dementia medication or secure facility placement in the petition Should be completed by a doctor, psychologist or religious healing practitioner If proposed c’tee has dementia and you are requesting dementia medication or placement in a secure-perimeter facility, should be accompanied by form GC-335A Dementia Attachment Even when not required, can be useful to establish need for c’ship, but specific powers need to be requested in the petition Required when c’tee will: Be unable to attend the hearing Lacks capacity to give informed consent to medical treatment Has dementia or would benefit from dementia medications or placement in a secured perimeter facility

13 GC-348 Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators
You must obtain a copy of the Judicial Council’s Handbook for Conservators and read it. Once you have done so, read this form, sign it and file it with the clerk

14 Video Certificate Must view a short conservatorship video
Tuesdays at 8:15 A.M. at the probate department You will receive a certificate that you have viewed the video, which is filed with the court

15 GC-340 Order Appointing Probate Conservator
Grants the c’ship and indicates the findings of the court and the conditions of the c’ship Prepared by the proposed conservator, but is signed by the judge. DO NOT SIGN THIS FORM After the Order has been signed it must be served, along with GC-341, on all persons on whom the petition was served, including the c’tee within 30 days after being issued

16 GC-341 Notice of Conservatee’s Rights
Must be served with GC-340 Order Appointing Conservator within 30 days after the Order is issued Must be served to all people who received the Petition and Notice of Hearing, including the c’tee Proof of Service on the second page of the form should be completed by server and then filed with the court by the Petitioner

17 GC-350 Letters of Conservatorship
Official document used to indicate to banks, health care providers, etc. that the conservator has powers of c’ship Within 90 days Conservator of the Estate must record a certified copy of the Letters with county recorder’s office in each county in which c’tee owns property [COST? # of Certified copies?]

18 GC-355 Determination of Conservatee’s Appropriate Level of Care
Must be submitted to the court within 60 days of being appointed Conservator Includes an evaluation of the level of care when the petition is filed and measures necessary to keep c’tee in his/her home If c’tee is not living in his/her own home when petition is filed, must include either a plan to return c’tee to his/her residence or an explanation of why the c’tee cannot return

19 Temporary Conservatorship
Used in emergency situations when immediate powers are needed to ensure c’tee’s well-being and estate Typically lasts until full c’ship is granted Must be filed at same time as full c’ship

20 Forms for Temporary Conservatorship
All forms for regular c’ship GC-111 Petition for Appointment of Temporary Conservator GC-141 Order Appointing Temporary Conservator GC-150 Letters of Temporary Guardianship or Conservatorship

21 Service Notice of Hearing and Petition for temporary c’ship must be personally served on c’tee at least 5 court days before the hearing date All persons required to be served the regular Petition and Notice of Hearing must also be served with Petition and Notice for temporary c’ship

22 Limited C’ship Only for adults with developmental disabilities (not including mental illness) Designed to give the conservator ONLY the powers that the c’tee is unable to exercise him or herself The petition must specify which powers are to be taken from the c’tee and given to the conservator Requires 30 days’ notice to the Regional Center Proposed c’tee must be represented by legal counsel (may be court appointed if c’tee is unable to pay)

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