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The California GC 240 form plays a crucial role in the legal process of appointing or extending guardianship for individuals, particularly minors or those unable to care for themselves. This form is used in the Superior Court of California and requires detailed information about the petitioner, the proposed ward, and any legal representatives involved. It outlines the hearing details, including the judge’s name, date, and time, as well as the presence of the petitioner and their attorney. The court must confirm that all legal notices have been properly given before proceeding. Key findings include the necessity of the guardianship, the potential extension beyond the ward's 18th birthday, and the appointment of legal counsel for the proposed ward. The form also addresses financial matters, such as bond requirements and the management of the ward's estate. Additionally, it specifies the powers granted to the guardian and any conditions that must be adhered to, ensuring that the guardianship serves the best interest of the ward. Proper completion and submission of the GC 240 form are essential for a smooth guardianship process.

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GC-240

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:

 

 

 

 

 

 

 

GUARDIANSHIP OF THE

PERSON

ESTATE OF

 

(name):

 

 

 

 

 

 

 

 

ORDER APPOINTING GUARDIAN

CASE NUMBER:

 

 

OR EXTENDING GUARDIANSHIP OF THE PERSON

 

 

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

1.The petition for appointment of a guardian or extension of a guardianship of the person came on for hearing as follows (check boxes c, d, and e to indicate personal presence):

a.

Judge (name):

 

 

 

 

 

b.

Hearing date:

Time:

 

Dept.:

 

Room:

 

 

c.

 

Petitioner (name):

 

 

 

 

 

 

 

 

 

 

 

d.

 

Attorney for Petitioner

(name):

 

 

 

 

 

 

 

 

 

e.

 

Attorney for (proposed) ward (name, address, e-mail, and telephone):

 

 

 

 

 

 

 

 

 

THE COURT FINDS

2.a.

b.

3.

4.

5.

6.

7.

All notices required by law have been given.

Notice of hearing to the following persons has been should be dispensed with (names):

Appointment of a guardian of the

 

person

 

estate of the proposed ward is necessary or convenient.

(NOTE: The Probate Code does not authorize the appointment of a guardian of the estate for a proposed ward 18 years of age or older.)

Extension of the guardianship of the person past the ward's 18th birthday is necessary or convenient.

Granting the guardian powers to be exercised independently under Probate Code section 2590 is to the advantage and benefit and is in the best interest of the guardianship estate.

Attorney (name):has been appointed by the court as legal

counsel to represent the (proposed) ward in these proceedings. The cost for representation is: $

The appointed court investigator, probation officer, or domestic relations investigator is (name, title, address, and telephone):

Do NOT use this form for a temporary guardianship.

Page 1 of 3

 

 

 

Form Adopted for Mandatory Use

ORDER APPOINTING GUARDIAN

Probate Code, §§ 1510.1, 1514,

Judicial Council of California

2310

OR EXTENDING GUARDIANSHIP OF THE PERSON

GC-240 [Rev. July 1, 2016]

 

(Probate—Guardianships and Conservatorships)

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-240

GUARDIANSHIP OF THE

(name):

PERSON

ESTATE OF

CASE NUMBER:

THE COURT ORDERS

 

8. a.

 

(name):

 

 

 

 

 

(address):

(telephone):

is appointed guardian of the PERSON of (name): and Letters shall issue upon qualification.

b.(Not applicable to a proposed ward 18 years of age or older.) (name):

(address):(telephone):

is appointed guardian of the ESTATE of (name): and Letters shall issue upon qualification.

c.

 

The appointment of

 

 

 

(name):

 

 

 

(address):

(telephone):

as guardian of the PERSON of (name):

is extended past the ward's 18th birthday and new Letters shall issue forthwith.

9. Notice of hearing to the persons named in item 2b is dispensed with.

10. 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.

 

d.

 

 

 

 

 

Additional orders in Attachment 10c.

 

 

11.

 

 

 

The guardian is not authorized to take possession of money or any other property without a specific court order.

 

 

 

 

 

For legal services rendered on behalf of the (proposed) ward,

 

the parents of the (proposed) ward

 

 

 

 

 

 

 

 

 

the (proposed) ward's estate

shall pay to (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the sum of: $

 

 

 

 

 

 

 

 

 

 

forthwith

 

as follows

(specify terms, including any combination of payers):

 

 

 

 

 

 

 

12.

 

The guardian of the estate is granted authorization under Probate Code section 2590 to exercise independently the powers

13.

 

specified in Attachment 12

 

subject to the conditions provided.

 

 

 

Orders are granted relating to the powers and duties of the guardian of the person under Probate Code sections 2351–2358

 

 

 

as specified in Attachment 13.

 

GC-240 [Rev. July 1, 2016]

ORDER APPOINTING GUARDIAN

OR EXTENDING GUARDIANSHIP OF THE PERSON

Page 2 of 3

(Probate—Guardianships and Conservatorships)

GC-240

GUARDIANSHIP OF THE

(name):

PERSON

ESTATE OF

CASE NUMBER:

14.

 

Orders are granted relating to the conditions imposed under Probate Code section 2402 upon the guardian of the estate as

 

 

specified in Attachment 14.

15.

 

Other orders as specified in Attachment 15 are granted.

 

16.

 

The probate referee appointed is (name and address):

 

17.Number of boxes checked in items 9–16:

18.Number of pages attached:

Date:

JUDGE OF THE SUPERIOR COURT

SIGNATURE FOLLOWS LAST ATTACHMENT

GC-240 [Rev. July 1, 2016]

ORDER APPOINTING GUARDIAN

OR EXTENDING GUARDIANSHIP OF THE PERSON

Page 3 of 3

(Probate—Guardianships and Conservatorships)

Form Specifications

Fact Name Details
Purpose The GC-240 form is used to appoint a guardian for a minor or extend an existing guardianship in California.
Governing Laws This form is governed by the California Probate Code, specifically sections 1510.1 and 1514.
Eligibility A guardian can be appointed for individuals under 18 years of age; guardianship for those 18 or older is not permitted under this form.
Legal Representation The court may appoint an attorney to represent the proposed ward, ensuring that their interests are protected during the proceedings.

California Gc 240: Usage Guidelines

Completing the California GC-240 form is an essential step in the process of appointing or extending a guardianship. This form requires careful attention to detail, as it gathers important information about the proposed ward and the guardian. Once the form is filled out, it will need to be submitted to the appropriate court for consideration.

  1. Begin by entering the attorney or party's information at the top of the form. Fill in the following fields:
    • State Bar Number
    • Name
    • Firm Name
    • Street Address
    • City
    • State
    • ZIP Code
    • Telephone Number
    • Fax Number
    • E-mail Address
    • Attorney for (name)
  2. Next, provide the court information:
    • Superior Court of California, County of
    • Street Address
    • Mailing Address
    • City and ZIP Code
    • Branch Name
  3. Indicate the details of the guardianship case:
    • Guardianship of the Person Estate of (name)
    • Case Number
  4. Fill in the hearing details:
    • Judge (name)
    • Hearing Date
    • Time
    • Department
    • Room
  5. Check the boxes for the personal presence of the following individuals:
    • Petitioner (name)
    • Attorney for Petitioner (name)
    • Attorney for (proposed) ward (name, address, e-mail, and telephone)
  6. Complete the findings section. Ensure that you check the appropriate boxes and provide any necessary information as indicated in the form.
  7. In the orders section, specify the guardian's details:
    • Name, address, and telephone number of the appointed guardian of the PERSON
    • If applicable, name, address, and telephone number of the appointed guardian of the ESTATE
  8. Indicate whether notice of hearing is dispensed with and if a bond is required. Fill in the necessary amounts if applicable.
  9. Complete any additional orders or attachments as necessary, including the conditions imposed on the guardian of the estate.
  10. Finally, sign and date the form at the bottom where indicated by the Judge of the Superior Court.

Your Questions, Answered

What is the purpose of the California GC 240 form?

The California GC 240 form is used to request the appointment of a guardian for a person or to extend an existing guardianship. This form is relevant in cases where a minor or an individual unable to care for themselves needs someone to manage their personal affairs. It outlines the details of the proposed guardian and the person in need of guardianship, ensuring that all necessary legal procedures are followed in the appointment process.

Who can file the GC 240 form?

The GC 240 form can be filed by any individual who wishes to become a guardian, often referred to as the petitioner. This may include family members, friends, or other interested parties who believe that a guardianship is necessary for the well-being of the proposed ward. It is important that the petitioner has a clear understanding of the responsibilities that come with being a guardian.

What information is required on the GC 240 form?

The form requires various details, including the names and contact information of the petitioner, the proposed guardian, and the proposed ward. Additionally, it asks for information about any attorneys involved, the court where the petition is being filed, and the specific reasons for the guardianship request. This information helps the court make an informed decision regarding the appointment.

What happens after the GC 240 form is submitted?

Once the GC 240 form is submitted, a hearing will be scheduled. During this hearing, the court will review the petition and any supporting documents. It may also involve testimony from the petitioner and other relevant parties. The court will then determine whether to grant the guardianship based on the evidence presented and the best interests of the proposed ward.

Is there a fee associated with filing the GC 240 form?

Yes, there is typically a filing fee associated with submitting the GC 240 form. The exact amount can vary by county and is subject to change. It is advisable to check with the local court for the current fee schedule. In some cases, fee waivers may be available for those who qualify based on financial need.

Can the guardianship be challenged after it is established?

Yes, guardianships can be challenged after they have been established. Interested parties, including family members or the proposed ward, may file objections or petitions to modify or terminate the guardianship. The court will review these challenges and determine the appropriate course of action, always keeping the best interests of the ward in mind.

Common mistakes

  1. Failing to provide complete contact information for all parties involved. This includes missing names, addresses, or phone numbers.

  2. Not checking all the necessary boxes in Section 1 to indicate who was present at the hearing.

  3. Omitting the judge's name or hearing date, which are crucial for court records.

  4. Incorrectly filling out the case number, which can lead to confusion and delays in processing.

  5. Neglecting to mention the proposed ward's age if they are 18 years or older, which affects guardianship eligibility.

  6. Not providing the cost of representation for the attorney, which is a required detail in the form.

  7. Forgetting to list the court investigator's name and contact information, which is necessary for follow-up.

  8. Using the form for a temporary guardianship, which is not permitted and can result in rejection.

  9. Failing to specify the institution and location for blocked accounts when required.

  10. Not attaching necessary documentation or additional pages as required, which can lead to incomplete submissions.

Documents used along the form

The California GC-240 form is an essential document used in the process of appointing or extending a guardianship for a minor or an individual unable to care for themselves. Alongside this form, several other documents are commonly utilized to facilitate the guardianship process. Each of these forms serves a specific purpose, ensuring that all legal requirements are met and that the best interests of the ward are considered. Below are four important documents often associated with the GC-240 form.

  • GC-211: Petition for Appointment of Guardian - This form is the initial petition filed to request the court's appointment of a guardian. It outlines the reasons for the guardianship and provides necessary information about the proposed guardian and the individual needing protection. This document sets the stage for the entire guardianship process.
  • GC-250: Letters of Guardianship - Once the court approves the petition, this document is issued to officially appoint the guardian. It serves as legal proof of the guardian's authority to make decisions on behalf of the ward. This form is crucial for guardians to have when interacting with schools, medical facilities, and financial institutions.
  • GC-248: Notice of Hearing - This form is used to inform interested parties about the hearing regarding the guardianship petition. It ensures that all relevant individuals, such as family members or other stakeholders, are aware of the proceedings and have the opportunity to participate or voice any concerns.
  • GC-260: Guardian's Report - This document is required periodically after the guardianship is established. It provides the court with updates on the ward's well-being and the guardian's management of the ward's estate. This report helps ensure ongoing oversight and accountability for the guardian's actions.

Understanding these accompanying forms is vital for anyone involved in the guardianship process. Each document plays a critical role in ensuring that the rights and needs of the ward are adequately protected and that the guardian's responsibilities are clearly defined and monitored. Navigating this process can be complex, but with the right information and resources, it becomes much more manageable.

Similar forms

  • GC-211: Petition for Appointment of Guardian - This document initiates the process of appointing a guardian, similar to GC-240, which formalizes the appointment after a hearing.
  • GC-220: Notice of Hearing - This form provides notification of a hearing regarding guardianship, ensuring that all interested parties are informed, just as GC-240 confirms that required notices have been given.
  • GC-245: Order Appointing Temporary Guardian - This document grants temporary guardianship, similar to GC-240, which deals with permanent appointments and extensions of guardianship.
  • GC-255: Petition for Appointment of Conservator - This form is used to request the appointment of a conservator, akin to GC-240, which is focused on guardianship but involves similar legal considerations.
  • GC-350: Petition for Termination of Guardianship - This document seeks to end an existing guardianship, paralleling the process in GC-240 that addresses the continuation or extension of guardianship.
  • GC-360: Guardian's Report - This form requires guardians to report on their management of the ward's estate, similar to GC-240's provisions regarding the guardian's duties and responsibilities.
  • GC-400: Petition for Appointment of Guardian Ad Litem - This document is used to appoint a guardian ad litem for a minor in legal proceedings, similar in purpose to GC-240's focus on the welfare of a proposed ward.
  • GC-410: Order Appointing Guardian Ad Litem - This form finalizes the appointment of a guardian ad litem, akin to GC-240, which issues an order for guardianship following a court hearing.
  • GC-420: Petition for Appointment of Successor Guardian - This document seeks to appoint a new guardian when the current one can no longer serve, reflecting the ongoing nature of guardianship addressed in GC-240.
  • GC-500: Petition for Special Needs Trust - This form is used to establish a trust for individuals with special needs, similar to GC-240, which considers the best interests of the ward in managing their estate.

Dos and Don'ts

When filling out the California GC 240 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are five things you should do and five things you should avoid.

  • Do double-check all information: Ensure that names, addresses, and other details are accurate to avoid delays.
  • Do follow the instructions carefully: Adhere to the guidelines provided on the form to prevent mistakes.
  • Do sign the form: Ensure that all required signatures are present before submission.
  • Do keep copies: Retain copies of the completed form for your records.
  • Do submit by the deadline: Ensure the form is filed within the required time frame to avoid complications.
  • Don’t leave sections blank: Fill in all applicable fields; incomplete forms may be rejected.
  • Don’t use whiteout: Avoid correcting mistakes with whiteout; instead, cross out errors and initial them.
  • Don’t forget to include attachments: If additional documentation is required, ensure it is included with the form.
  • Don’t submit without reviewing: Review the entire form for errors before submission.
  • Don’t ignore the court's requirements: Familiarize yourself with any specific requirements the court may have regarding the form.

Misconceptions

Many people have misunderstandings about the California GC 240 form. Here are seven common misconceptions, along with clarifications to help you better understand this important document.

  • Misconception 1: The GC 240 form is only for guardianship of minors.
  • This form can also be used for extending guardianship when the ward turns 18, but it cannot be used to appoint a guardian for someone who is already an adult.

  • Misconception 2: You can use the GC 240 form for temporary guardianships.
  • This form is not suitable for temporary guardianships. It is specifically designed for permanent guardianship appointments or extensions.

  • Misconception 3: The court automatically approves all guardianship petitions.
  • The court carefully reviews each petition. Approval is not guaranteed and depends on whether the appointment is in the best interest of the proposed ward.

  • Misconception 4: You do not need to notify anyone about the guardianship hearing.
  • All required notices must be given to interested parties. Failing to notify them can delay the process or result in denial of the petition.

  • Misconception 5: Once appointed, a guardian has unlimited power over the ward.
  • A guardian's powers are limited and defined by the court. They must follow specific guidelines and may need court approval for certain actions.

  • Misconception 6: The GC 240 form is the only document needed for guardianship.
  • While the GC 240 is essential, additional documents may be required depending on the circumstances of the case.

  • Misconception 7: You can fill out the GC 240 form without legal assistance.
  • While it is possible to complete the form on your own, seeking legal advice can help ensure that all requirements are met and that your petition is properly filed.

Understanding these misconceptions can help you navigate the guardianship process more effectively. Always consider consulting a legal professional for guidance tailored to your specific situation.

Key takeaways

Filling out and using the California GC 240 form is a crucial step in establishing or extending a guardianship. Here are some key takeaways to keep in mind:

  • Complete all required fields: Ensure that all sections of the form are filled out accurately. This includes details about the petitioner, proposed ward, and legal representatives.
  • Understand the purpose: The form is used to appoint a guardian for a person or extend an existing guardianship. It is important to know which option applies to your situation.
  • Notice requirements: Confirm that all necessary notices have been given to relevant parties. This is critical for the validity of the appointment.
  • Qualifications for guardians: Be aware that guardians must meet certain qualifications. This includes not being a proposed ward who is 18 years of age or older for estate guardianship.
  • Legal counsel: If appointed, the court will designate an attorney to represent the proposed ward. Know the associated costs and how they will be covered.

Using the GC 240 form correctly can streamline the guardianship process and help ensure that the best interests of the proposed ward are served.