Homepage Blank California Gc 111 PDF Form
Article Guide

The California GC-111 form plays a crucial role in the legal process of establishing a temporary conservatorship, which is often necessary when an individual is unable to manage their own affairs due to incapacity. This form is designed for use in the Superior Court of California and outlines the petitioner's request for the appointment of a temporary conservator to protect the personal and/or estate interests of a proposed conservatee. Key aspects of the GC-111 include identifying the proposed conservatee, detailing the reasons for requiring a temporary conservator, and specifying the powers and responsibilities that the conservator will assume. The form also allows for requests regarding bond requirements, changes to the conservatee's residence, and the necessity of notifying relevant parties about the hearing. By completing this form, petitioners can initiate the legal process to ensure that vulnerable individuals receive the care and protection they need during times of uncertainty.

Document Preview

d.
e.
f.

GC-111

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FOR COURT USE ONLY

 

 

 

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

 

STREET ADDRESS:

 

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TEMPORARY CONSERVATORSHIP OF

 

 

 

 

CASE NUMBER:

 

(Name):

 

 

 

 

 

 

 

 

 

 

 

 

CONSERVATEE

 

 

PETITION FOR APPOINTMENT OF TEMPORARY CONSERVATOR

HEARING DATE:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Person

 

Estate

 

Person and Estate

DEPT.:

TIME:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Petitioner (name each):

 

 

 

 

 

 

requests that

a.(Name):

(Address and telephone number):

be appointed temporary conservator of the PERSON of the proposed conservatee and Letters issue upon qualification.

b.(Name):

(Address and telephone number):

be appointed temporary conservator of the ESTATE of the proposed conservatee and Letters issue upon qualification.

c. (1)

 

 

bond not be required because petition is for a temporary conservatorship of the person only.

(2)

 

 

bond not be required for the reasons stated in attachment 1c.

 

 

(3)

 

 

 

 

$

bond be fixed. It will be furnished by an admitted surety insurer or as otherwise provided by law.

 

 

 

(Specify reasons in attachment 1c if the amount is different from maximum required by Probate Code section 2320

 

 

 

and Cal. Rules of Court, rule 7.207(c).)

(4)

 

 

 

 

$

in deposits in a blocked account be allowed. Receipts will be filed.

(Specify institution and location):

a request for an exception to notice of the hearing on this petition for good cause is filed with this petition. the powers specified in Attachment 1e be granted in addition to the powers provided by law.

other orders be granted (specify in attachment 1f).

2.

The proposed conservatee is (name):

 

 

 

 

 

 

 

 

Current address:

 

 

 

 

Current telephone no.:

3.

 

The proposed conservatee requires a temporary conservator to

 

provide for temporary care, maintenance, and support

 

 

 

 

 

protect property from loss or injury

because (facts are

 

 

specified in attachment 3

 

as follows):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 1 of 3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form Adopted for Mandatory Use

PETITION FOR APPOINTMENT OF

 

Probate Code, § 2250;

 

 

 

 

 

 

 

Judicial Council of California

TEMPORARY CONSERVATOR

 

Cal. Rules of Court, rules 7.101, 7.1062

 

GC-111 [New July 1, 2008]

 

www.courtinfo.ca.gov

(Probate—Guardianships and Conservatorships)

GC-111

TEMPORARY CONSERVATORSHIP OF

(Name):

CONSERVATEE

CASE NUMBER:

4.Temporary conservatorship is required

5.

a.

 

 

 

 

pending the hearing on the petition for appointment of a general conservator.

 

 

 

 

 

 

 

 

 

 

b.

 

 

 

 

pending the appeal under Probate Code section 1301.

 

 

 

 

 

 

c.

 

 

 

 

during the suspension of powers of the conservator.

 

 

 

 

 

 

 

 

 

Character and estimated value of the property of the estate (complete if a temporary conservatorship of the estate or the

 

 

 

 

 

 

person and estate is requested):

 

a.

 

Personal property:

$

b. Annual gross income from all sources, including real and

 

 

 

personal property, wages, pensions, and public benefits:

$

c.Additional amount for cost of recovery on the bond, calculated as

required under Cal. Rules of Court, rule 7.207(c):

$

 

d.

6.

a.

b.

Total:

$

Petitioner requests authority to change the proposed conservatee's residence during the temporary conservatorship

Petitioner proposes to change the residence of the proposed conservatee to (address):

The proposed conservatee will suffer irreparable harm if his or her residence is not changed as requested and no means less restrictive of the proposed conservatee's liberty will suffice to prevent the harm because (reasons are

specified in attachment 6a

 

as follows):

The proposed conservatee must be removed from the State of California to permit the performance of the following nonpsychiatric medical treatment essential to the proposed conservatee's physical survival. The proposed conservatee

consents to this medical treatment. (Facts and place of treatment are

 

specified in attachment 6b

 

as follows):

7.

 

Petitioner is a professional fiduciary

 

 

a.

Petitioner holds license no. (specify):

from the Professional Fiduciaries Bureau of the Department

 

of Consumer Affairs issued or last renewed on (specify later date of initial issuance or renewal):

.

b.

Petitioner was requested to file this petition by (name):

 

.

c.The circumstances leading to petitioner's engagement to file this petition are described in attachment 7c.

d.

Petitioner had: (1)

 

No relationship to the proposed conservatee, his or her family, or his or her friends before

 

 

 

 

engagement to file this petition.

 

 

 

 

 

(2)

 

A relationship to the proposed conservatee, his or her family, or his or her friends before

 

 

 

 

 

 

 

engagement to file this petition. That relationship is described in

 

attachment 7d.

 

the

 

 

 

 

 

 

 

 

 

 

 

 

 

Petition for Appointment of Probate Conservator (form GC-310) filed with this petition or an attachment to that petition (specify attachment to general petition):

GC-111 [New July 1, 2008]

PETITION FOR APPOINTMENT OF

TEMPORARY CONSERVATOR

Page 2 of 3

(Probate—Guardianships and Conservatorships)

GC-111

TEMPORARY CONSERVATORSHIP OF

(Name):

CONSERVATEE

CASE NUMBER:

8.Petitioner's contact with persons named in Petition for Appointment of Probate Conservator

a.

b.

c.

Petitioner is the proposed conservatee. (If this item is selected, go to item 9.)

Petitioner is not the proposed conservatee. All persons other than the proposed conservatee named in the Petition for Appointment of Probate Conservator filed with this petition:

(1)

 

Have been found and contacted. All will be given notice of the hearing on this petition.

(2)

 

Have not been found or have not been contacted. Efforts to find the persons who have not been found and

 

 

 

the reasons why any person cannot be contacted are described in one or more declarations under penalty of

 

 

perjury attached to this petition as attachment 8b. (Attachment 8b is not a request for a good cause exception

 

 

to notice. See Prob. Code, § 2250(e) and rule 7.1062 of the Cal. Rules of Court.)

Petitioner is not the proposed conservatee. Facts showing the preferences of the proposed conservatee concerning the appointment of any temporary conservator, and the appointment of the temporary conservator proposed in this petition, or why it was not feasible to ascertain those preferences, are specified in one or more declarations attached to this petition as attachment 8c.

9.Petitioner is informed and believes that the proposed conservatee

 

a.

 

 

will attend the hearing.

 

 

 

 

 

 

 

 

 

 

b.

 

 

is able but unwilling to attend the hearing, does not wish to contest the establishment of a conservatorship, does not

 

 

 

 

 

object to the proposed conservator, and does not prefer that another person act as conservator.

 

 

 

 

 

 

 

 

 

 

 

c.

 

 

is unable to attend the hearing because of medical inability. An affidavit or certificate of a licensed medical

 

 

 

 

 

 

practitioner or an accredited religious practitioner is affixed as attachment 9c.

 

 

 

 

 

 

 

 

 

 

 

d.

 

 

is not the petitioner, is out of state, and will not attend the hearing.

 

10.

 

 

 

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

 

 

 

 

 

11.

 

All attachments to this form are incorporated by this reference as though placed here in this form. There are

 

 

pages

 

 

attached to this form.

 

Date:

(SIGNATURE OF ATTORNEY*)

* (Signature of all petitioners also required (Prob. Code, § 1020).)

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)

(SIGNATURE OF PETITIONER)

(TYPE OR PRINT NAME)

(SIGNATURE OF PETITIONER)

GC-111 [New July 1, 2008]

PETITION FOR APPOINTMENT OF

TEMPORARY CONSERVATOR

Page 3 of 3

(Probate—Guardianships and Conservatorships)

Form Specifications

Fact Name Description
Form Purpose The GC-111 form is used to request the appointment of a temporary conservator for a person who is unable to manage their own affairs.
Governing Laws This form is governed by the California Probate Code, specifically sections 2250 and 1301, as well as the California Rules of Court, rules 7.101 and 7.1062.
Eligibility Any individual who believes that a person needs temporary assistance in managing their personal or financial matters can file this petition.
Required Information The form requires details about the proposed conservatee, including their current address, and the reasons for requesting the conservatorship.
Temporary Nature The conservatorship granted through this form is temporary, pending a hearing for a general conservatorship appointment.
Attachments Various attachments may be required, such as declarations explaining the necessity for the conservatorship and the proposed conservatee's preferences.

California Gc 111: Usage Guidelines

Filling out the California GC-111 form is an essential step in the process of petitioning for a temporary conservatorship. Once the form is completed, it will need to be filed with the appropriate court. Following submission, a hearing will be scheduled to review the petition and make a determination regarding the appointment of a temporary conservator.

  1. Begin by entering the name, State Bar number, and address of the attorney or party filing the petition in the designated section at the top of the form.
  2. Provide the telephone number, fax number (if applicable), and email address of the attorney or party.
  3. Specify the name of the attorney for the proposed conservatee, if applicable.
  4. Fill in the court's street address, mailing address, city, and zip code where the petition will be filed.
  5. Indicate the branch name of the Superior Court of California.
  6. Enter the name of the proposed conservatee and the case number.
  7. Choose whether the petition is for the person, estate, or both of the proposed conservatee.
  8. Provide the hearing date and time, along with the department number where the hearing will take place.
  9. List the names of the petitioners requesting the appointment of a temporary conservator.
  10. Specify the names and contact information of the individuals being proposed as temporary conservators for the person and/or estate of the conservatee.
  11. Indicate whether a bond is required and provide details if applicable, including reasons for any exceptions.
  12. Describe the proposed conservatee's current address and telephone number.
  13. Explain why a temporary conservator is needed, including facts supporting the request.
  14. Detail the character and estimated value of the property of the estate if applicable.
  15. Provide information regarding the proposed conservatee's residence and any necessary changes during the temporary conservatorship.
  16. If applicable, indicate if the petitioner is a professional fiduciary and provide relevant licensing information.
  17. Complete the section regarding the contact with persons named in the Petition for Appointment of Probate Conservator.
  18. Indicate the proposed conservatee's ability and willingness to attend the hearing.
  19. Attach any necessary documents, including the proposed Order Appointing Court Investigator.
  20. Sign and date the form, ensuring that all petitioners also sign where required.

Your Questions, Answered

What is the purpose of the California GC 111 form?

The California GC 111 form is used to petition for the appointment of a temporary conservator for an individual, referred to as the proposed conservatee. This form allows a petitioner to request the court to appoint someone to manage the personal or estate affairs of the proposed conservatee when immediate action is necessary to protect their interests.

Who can file a GC 111 form?

Any interested person, such as a family member, friend, or professional fiduciary, can file a GC 111 form. The petitioner must demonstrate a legitimate concern for the proposed conservatee's well-being and provide adequate reasons for needing a temporary conservatorship.

What information is required on the GC 111 form?

The form requires detailed information, including the names and contact information of the petitioner and proposed conservatee, the reasons for seeking a temporary conservatorship, and any relevant attachments that support the petition. Additionally, it asks for details about the proposed conservatee's property and any necessary medical treatment.

Is a bond required when filing the GC 111 form?

Whether a bond is required depends on the specific circumstances of the case. The petitioner can request that no bond be required if the petition is solely for the conservatorship of the person. If a bond is necessary, the petitioner must specify the amount and provide reasons for that amount in the form.

What happens after the GC 111 form is filed?

Once the GC 111 form is filed, the court will schedule a hearing. The petitioner must notify all relevant parties about the hearing date. During the hearing, the court will evaluate the petition and determine whether to grant the temporary conservatorship.

Can the proposed conservatee attend the hearing?

The proposed conservatee may attend the hearing unless they are unable due to medical reasons. The petitioner must indicate the proposed conservatee's ability to attend on the form, and if they cannot attend, appropriate documentation must be provided to the court.

What is included in the attachments to the GC 111 form?

Attachments may include declarations that provide additional information about the proposed conservatee’s preferences, medical conditions, or efforts made to contact other interested parties. These attachments help support the petition and provide the court with necessary context.

How long does a temporary conservatorship last?

A temporary conservatorship typically lasts until the court makes a decision regarding the appointment of a general conservator or until the circumstances that necessitated the temporary conservatorship change. The duration is determined by the court based on the specifics of each case.

What is the significance of the proposed Order Appointing Court Investigator?

The proposed Order Appointing Court Investigator, which is filed alongside the GC 111 form, is significant because it allows for an investigation into the circumstances of the proposed conservatorship. This investigation helps ensure that the proposed conservatee's rights and needs are adequately considered before any decisions are made.

Can the GC 111 form be amended after filing?

Yes, the GC 111 form can be amended after filing if new information arises or if corrections are needed. It is essential to inform the court of any changes promptly to ensure that all parties have the most current information regarding the petition.

Common mistakes

  1. Incomplete Information: One of the most common mistakes is failing to provide all necessary details. Ensure that every section is filled out completely, including the names, addresses, and contact information of all parties involved.

  2. Incorrect Case Number: Entering the wrong case number can lead to significant delays. Always double-check the case number to ensure it matches the one assigned by the court.

  3. Missing Signatures: Signatures from all petitioners are required. Omitting a signature can result in the petition being rejected. Review the form carefully to confirm that all necessary signatures are present.

  4. Failure to Attach Required Documents: Attachments play a crucial role in supporting your petition. Failing to include necessary attachments, such as declarations or proof of contact with interested parties, can weaken your case.

  5. Inaccurate Financial Information: Providing incorrect financial details about the proposed conservatee can lead to complications. Ensure that all financial figures, such as property value and income, are accurate and well-documented.

  6. Ignoring Notice Requirements: Not properly notifying all interested parties about the hearing can create legal challenges. It is essential to follow the notice requirements outlined in the Probate Code to avoid potential objections.

Documents used along the form

The California GC-111 form is used to petition for the appointment of a temporary conservator. In addition to this form, several other documents are commonly utilized in conjunction with it to ensure a smooth legal process. Below is a list of these forms, each serving a specific purpose in the conservatorship proceedings.

  • GC-310: Petition for Appointment of Probate Conservator - This form initiates the request for a general conservatorship, outlining the need for a conservator and detailing the proposed conservatee's circumstances.
  • GC-330: Order Appointing Court Investigator - This document requests the court to appoint an investigator to assess the proposed conservatee’s situation and report findings to the court.
  • GC-320: Notice of Hearing - This form provides notice to interested parties about the hearing date and time for the conservatorship petition, ensuring all relevant individuals are informed.
  • GC-140: Letters of Conservatorship - Once a conservator is appointed, this document officially grants them the authority to act on behalf of the conservatee.
  • GC-400: Inventory and Appraisal - This form lists the assets and property of the conservatee’s estate, providing a comprehensive overview of their financial situation.
  • GC-341: Report of Conservator - This report is filed periodically by the conservator, detailing the management of the conservatee’s estate and any changes in their condition.
  • GC-420: Petition for Termination of Conservatorship - This document is used to request the end of the conservatorship when it is no longer necessary, detailing the reasons for termination.
  • GC-355: Notice of Change of Address - If the conservator or conservatee changes their address, this form notifies the court and relevant parties of the new address.
  • GC-340: Petition for Approval of Attorney Fees - This form requests court approval for the payment of attorney fees incurred during the conservatorship process.
  • GC-200: Declaration of Due Diligence - This document outlines the efforts made to locate the proposed conservatee and notify them of the proceedings, ensuring compliance with legal requirements.

These forms and documents play crucial roles in the conservatorship process, helping to protect the rights and interests of the proposed conservatee while ensuring that legal procedures are followed. Understanding each document's purpose is essential for those involved in these proceedings.

Similar forms

The California GC-111 form is primarily used for the appointment of a temporary conservator. There are several other legal documents that serve similar purposes within the realm of conservatorships and guardianships. Here’s a list of nine documents that are comparable to the GC-111 form:

  • GC-310 - Petition for Appointment of Probate Conservator: This form is used to request the appointment of a general conservator, covering both the person and the estate of the proposed conservatee.
  • GC-320 - Order Appointing Probate Conservator: After the petition is approved, this document officially appoints the conservator and outlines their powers and responsibilities.
  • GC-330 - Order Appointing Court Investigator: This form is used to request the appointment of a court investigator to assess the situation of the proposed conservatee and report back to the court.
  • GC-340 - Letters of Conservatorship: This document grants the conservator legal authority to act on behalf of the conservatee, confirming their appointment.
  • GC-200 - Petition for Appointment of Guardian: Similar to the GC-111, this form is used when someone seeks to become a guardian for a minor or an adult who cannot care for themselves.
  • GC-210 - Order Appointing Guardian: This order formalizes the appointment of a guardian, detailing their powers and duties, much like the GC-320 for conservators.
  • GC-220 - Letters of Guardianship: This document provides the legal authority for a guardian to make decisions for the ward, similar to the letters issued to conservators.
  • GC-300 - Petition for Conservatorship: This form is used to initiate the process of establishing a conservatorship for an adult who cannot manage their own affairs.
  • GC-400 - Notice of Hearing: This document is used to inform all interested parties of the upcoming hearing regarding the conservatorship, ensuring everyone has the opportunity to participate.

Each of these documents plays a vital role in the legal processes surrounding conservatorships and guardianships, ensuring that the rights and needs of individuals are protected.

Dos and Don'ts

When filling out the California GC-111 form, it is important to follow certain guidelines to ensure the process goes smoothly. Below is a list of things to do and avoid.

  • Do provide complete and accurate information.
  • Do ensure that all required signatures are obtained.
  • Do attach any necessary documents or declarations that support your petition.
  • Do double-check the dates and contact information for the proposed conservatee.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank unless instructed.
  • Don't submit the form without reviewing it for errors.
  • Don't forget to file your petition within the required time frame.
  • Don't misrepresent any facts or details in the application.
  • Don't overlook the importance of providing clear reasons for the requested conservatorship.

Misconceptions

  • Misconception 1: The GC-111 form is only for individuals who are incapacitated.

    In reality, the GC-111 form is applicable to individuals who may not be fully incapacitated but still require temporary assistance to manage their personal or financial affairs. This can include those facing temporary challenges due to medical issues or other life events.

  • Misconception 2: Filing the GC-111 form guarantees the appointment of a temporary conservator.

    Submitting this form does not automatically ensure that a temporary conservator will be appointed. A hearing will be held to assess the necessity of the conservatorship and to consider any objections from interested parties.

  • Misconception 3: The proposed conservatee must attend the hearing.

    While it is preferred for the proposed conservatee to attend, there are provisions for situations where attendance is not possible. Medical documentation may be required to confirm their inability to attend.

  • Misconception 4: A bond is always required when filing the GC-111 form.

    In some cases, a bond may not be necessary, especially if the petition is solely for the temporary conservatorship of the person. The petitioner can request an exemption and provide reasons for this in the application.

  • Misconception 5: The GC-111 form can be filled out without any prior legal advice.

    While individuals can complete the form on their own, seeking legal advice is highly recommended. The process can be complex, and professional guidance can help ensure that all necessary information is accurately provided.

  • Misconception 6: The GC-111 form only deals with financial matters.

    This form addresses both personal and financial aspects of a conservatorship. It allows for the appointment of a temporary conservator to manage the proposed conservatee's personal care as well as their estate.

  • Misconception 7: Once a temporary conservator is appointed, they have unlimited authority.

    The authority of a temporary conservator is limited and defined by the court. They must operate within the parameters set by the court order, and any significant decisions may require further court approval.

Key takeaways

Here are some key takeaways about filling out and using the California GC-111 form:

  • The GC-111 form is used to petition for the appointment of a temporary conservator for an individual.
  • Petitioners must provide their name, contact information, and the name of the proposed conservatee.
  • It is important to specify whether the petition is for the person, the estate, or both.
  • Petitioners can request that a bond not be required, depending on the circumstances of the conservatorship.
  • Details about the proposed conservatee’s current address and the reasons for needing a temporary conservator must be included.
  • The form allows for requests to change the proposed conservatee's residence if necessary.
  • Petitioners should describe the property involved and its estimated value if applicable.
  • Efforts to contact relevant parties must be documented, including any challenges faced in reaching them.
  • Attachments to the form must be referenced and included to support the petition.
  • Petitioners must sign and date the form, affirming the truth of the information provided.