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The California GC 250 form is a crucial document in the guardianship process, specifically designed for the appointment and management of guardianship over a minor or an individual unable to care for themselves. This form outlines the responsibilities and powers granted to the guardian, ensuring that the best interests of the ward are prioritized. It includes essential information such as the names of the guardian and the ward, the case number, and the court's details. The form also specifies the duration of the guardianship and any conditions or limitations imposed on the guardian's authority. For instance, it clarifies that the guardian cannot take possession of any property without explicit court approval. Additionally, the GC 250 provides guidance for institutions and financial entities, detailing the necessary steps they must take when handling the ward's assets. By including attachments that outline the specific powers and responsibilities, this form helps maintain transparency and accountability in the guardianship arrangement. Overall, the GC 250 is a vital tool that facilitates a structured approach to guardianship, ensuring that the rights and welfare of vulnerable individuals are protected.

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GC-250

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

(name):

LETTERS OF GUARDIANSHIP

CASE NUMBER:

 

 

 

Person

 

Estate

 

 

 

 

 

LETTERS

1.

 

 

(Name):

 

is appointed guardian of the

 

 

 

person

 

 

estate

 

 

 

of (name):

 

 

 

 

 

 

 

 

 

 

2.

 

 

The appointment of (name):

 

 

 

as guardian of the person of

 

 

 

 

 

 

 

 

(name):

 

 

 

 

 

 

 

 

 

 

 

 

 

is extended past the ward's 18th birthday as of (date):

 

 

 

 

 

 

 

 

 

 

3.

 

 

Other powers have been granted and conditions have been imposed as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a.

 

 

Powers to be exercised independently under Probate Code section 2590 are specified in attachment 3a (specify

 

 

 

 

 

powers, restrictions, conditions, and limitations).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

Conditions relating to the care and custody of the property under Probate Code section 2402 are specified in

 

 

 

 

 

attachment 3b.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c.

 

 

Conditions relating to the care, treatment, education, and welfare of the ward under Probate Code section 2358 are

 

 

 

 

 

specified in attachment 3c.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d.

 

 

Other powers granted or conditions imposed are

 

specified on attachment 3d

 

 

specified below.

 

4.

 

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

5.The guardianship of the person terminates by operation of law on (date):

6.Number of pages attached:

WITNESS, clerk of the court, with seal of the court affixed.

(SEAL)

Date:

Clerk, by

 

, Deputy

Page 1 of 2

Form Adopted for Mandatory Use Judicial Council of California GC-250 [Rev. July 1, 2016]

LETTERS OF GUARDIANSHIP

(Probate—Guardianships and Conservatorships)

Probate Code, §§ 2310, 2311, 2890–2893 www.courts.ca.gov

GC-250

GUARDIANSHIP OF

(name):

CASE NUMBER:

NOTICE TO INSTITUTIONS AND FINANCIAL INSTITUTIONS

(Probate Code sections 2890–2893)

When these Letters of Guardianship (Letters) are delivered to you as an employee or other representative of an institution or financial institution (described below) in order for the guardian of the estate (1) to take possession or control of an asset of the minor named above held by your institution (including changing title, withdrawing all or any portion of the asset, or transferring all or any portion of the asset) or (2) to open or change the name of an account or a safe-deposit box in your financial institution to reflect the guardianship, you must fill out Judicial Council form GC-050 (for an institution) or form GC-051 (for a financial institution). An officer authorized by your institution or financial institution must date and sign the form, and you must file the completed form with the court.

There is no filing fee for filing the form. You may either arrange for personal delivery of the form or mail it to the court for filing at the address given for the court on page 1 of these Letters.

The guardian should deliver a blank copy of the appropriate form to you with these Letters, but it is your institution’s or financial institution’s responsibility to complete the correct form, have an authorized officer sign it, and file the completed form with the court. If the correct form is not delivered with these Letters or is unavailable for any other reason, blank copies of the forms may be obtained from the court. The forms may also be accessed from the judicial branch’s public website free of charge. The Internet address (URL) is www.courts.ca.gov/forms.htm. Select the form group Probate—Guardianships and Conservatorships and scroll down to form GC-050 for an institution or form GC-051 for a financial institution. The forms may be printed out as blank forms and filled in by typewriter (nonfillable form) or may be filled out online and printed out ready for signature and filing (fillable form).

An institution under California Probate Code section 2890(c) is an insurance company, insurance broker, insurance agent, investment company, investment bank, securities broker-dealer, investment advisor, financial planner, financial advisor, or any other person who takes, holds, or controls an asset subject to a conservatorship or guardianship other than a financial institution. Institutions must file a Notice of Taking Possession or Control of an Asset of Minor or Conservatee (form GC-050) for an asset of the minor or conservatee held by the institution. A single form may be filed for all affected assets held by the institution.

A financial institution under California Probate Code section 2892(b) is a bank, trust (including a Totten trust account but excluding other trust arrangements described in Probate Code section 82(b)), savings and loan association, savings bank, industrial bank, or credit union. Financial institutions must file a Notice of Opening or Changing a Guardianship or Conservatorship Account or Safe- Deposit Box (form GC-051) for an account or a safe-deposit box held by the financial institution. A single form may be filed for all affected accounts or safe-deposit boxes held by the financial institution.

 

LETTERS OF GUARDIANSHIP

 

AFFIRMATION

I solemnly affirm that I will perform according to law the duties of guardian.

Executed on (date):

, at (place):

 

 

 

 

(TYPE OR PRINT NAME)

 

 

(SIGNATURE OF APPOINTEE)

 

 

 

 

CERTIFICATION

I certify that this document, including any attachments, is a correct copy of the original on file in my office, and that the Letters issued to the person appointed above have not been revoked, annulled, or set aside, and are still in full force and effect.

(SEAL)

Date:

Clerk, by

 

, Deputy

GC-250 [Rev. July 1, 2016]

LETTERS OF GUARDIANSHIP

 

Page 2 of 2

(Probate—Guardianships and Conservatorships)

Form Specifications

Fact Name Description
Purpose The GC-250 form is used to establish Letters of Guardianship in California, which grants legal authority to a guardian over a minor or an individual unable to care for themselves.
Governing Law This form is governed by the California Probate Code, specifically sections 2310, 2311, and 2890-2893, which outline the legal framework for guardianships.
Mandatory Use The Judicial Council of California has adopted this form for mandatory use, meaning it must be used in specified guardianship proceedings.
Attachments Additional information regarding the guardian's powers and responsibilities is included in attachments referenced in the form, such as attachments 3a, 3b, 3c, and 3d.
Guardian's Authority Guardians are not allowed to take possession of any money or property without a specific court order, ensuring oversight and protection of the ward's assets.
Termination of Guardianship The guardianship automatically terminates on a specified date, typically when the ward reaches adulthood or as determined by the court.
Notice to Institutions When the Letters of Guardianship are presented to financial institutions, specific procedures must be followed to access the ward's assets, requiring additional forms (GC-050 and GC-051).
Filing Fees There is no filing fee required for submitting the associated forms with the court, making it more accessible for guardians to manage the ward's affairs.
Form Updates The GC-250 form was last revised on July 1, 2016, and it is essential for users to ensure they are using the most current version of the form.
Accessing Forms Blank copies of the GC-250 form and its attachments can be obtained from the California court's website, ensuring that guardians have the necessary documents for their proceedings.

California Gc 250: Usage Guidelines

Completing the California GC-250 form is an essential step in the guardianship process. After filling out this form, you will need to submit it to the court, ensuring all required information is accurate and complete. The court will then review your submission and provide the necessary documentation regarding the guardianship.

  1. Obtain the Form: Download the GC-250 form from the California courts website or acquire a physical copy from your local courthouse.
  2. Fill Out Your Information: In the section labeled "ATTORNEY OR PARTY WITHOUT ATTORNEY," enter your name, firm name (if applicable), address, city, state, zip code, telephone number, fax number, and email address. If you are representing yourself, leave the attorney section blank.
  3. Enter Court Information: Provide the street address, mailing address, city, zip code, and branch name of the Superior Court of California where you are filing the form.
  4. Specify the Guardianship: In the "GUARDIANSHIP OF" section, write the name of the person for whom you are seeking guardianship.
  5. Case Number: Input the case number assigned to your guardianship case.
  6. Guardian Information: Fill in the name of the appointed guardian and the name of the ward. Include the date when the appointment extends past the ward's 18th birthday, if applicable.
  7. Detail Powers and Conditions: Specify any powers granted or conditions imposed in the attachments. Use attachments 3a, 3b, 3c, and 3d as needed to provide detailed information.
  8. Termination Date: Indicate the date when the guardianship of the person will terminate by operation of law.
  9. Page Count: Note the number of pages attached to the form.
  10. Signature: Sign and date the form in the designated area, ensuring that it is completed before submission.

After completing the form, review it for accuracy. Once confirmed, submit it to the appropriate court. Ensure you keep copies for your records. The next steps will involve any necessary hearings or additional paperwork as directed by the court.

Your Questions, Answered

What is the purpose of the California GC-250 form?

The California GC-250 form, also known as Letters of Guardianship, is used to officially appoint a guardian for a minor or an individual unable to care for themselves. This form outlines the responsibilities and powers granted to the guardian. It is essential for establishing legal authority over the ward’s personal care or estate matters.

Who needs to fill out the GC-250 form?

The form must be completed by the attorney representing the guardian or, if there is no attorney, by the guardian themselves. It requires specific information, including the names of the guardian and the ward, as well as details about the guardianship arrangement. This ensures that all parties involved are clearly identified and that the court has the necessary information to process the guardianship.

What information is required on the GC-250 form?

The GC-250 form requires several pieces of information. You need to provide the names and addresses of both the guardian and the ward, the case number, and details about the powers and conditions of the guardianship. Attachments may be necessary to specify any additional powers or conditions that apply. It’s important to be thorough and accurate to avoid delays in the court's processing.

How does the GC-250 form affect financial institutions?

When the GC-250 form is presented to financial institutions, it allows the guardian to take control of the ward's assets. Financial institutions must complete additional forms (GC-050 for institutions and GC-051 for financial institutions) to acknowledge the guardianship and facilitate access to the ward's accounts or assets. This ensures that the guardian can manage the financial matters of the ward legally and appropriately.

What happens if the guardianship needs to be terminated?

The guardianship established through the GC-250 form automatically terminates on a specified date, which must be indicated on the form. If circumstances change and the guardianship needs to be ended sooner, a petition must be filed with the court to formally terminate the guardianship. It is crucial to follow the legal process to ensure that all parties are protected and that the ward's best interests are upheld.

Common mistakes

  1. Incomplete Information: Failing to fill out all required fields, such as the guardian's name, address, or case number, can lead to delays or rejections.

  2. Incorrect Case Number: Using an incorrect case number can cause confusion and may result in the form being misfiled or ignored.

  3. Missing Attachments: Not including necessary attachments, such as those specifying powers or conditions, may invalidate the form.

  4. Signature Issues: The absence of a required signature from the guardian or the clerk can lead to the form being considered incomplete.

  5. Wrong Court Address: Submitting the form to the wrong court address can delay processing and may require resubmission.

  6. Omitting Dates: Failing to include important dates, such as the appointment date or termination date, can create ambiguity in the guardianship.

  7. Improper Formatting: Not adhering to formatting guidelines, such as font size or spacing, can make the form difficult to read and process.

  8. Ignoring Instructions: Disregarding specific instructions provided in the form can lead to errors that may require corrections.

  9. Neglecting to Keep Copies: Failing to retain a copy of the submitted form can complicate future inquiries or disputes regarding the guardianship.

Documents used along the form

The California GC-250 form is an essential document in the guardianship process, granting legal authority to a guardian for a minor or individual in need of care. Alongside this form, several other documents are often used to ensure that the guardianship process is thorough and legally sound. Below is a list of these commonly associated forms, each serving a unique purpose in the guardianship framework.

  • GC-050: Notice of Taking Possession or Control of an Asset of Minor or Conservatee - This form is required when a guardian needs to take control of an asset held by an institution for the minor or conservatee. It must be completed by an authorized officer from the institution and filed with the court.
  • GC-051: Notice of Opening or Changing a Guardianship or Conservatorship Account or Safe-Deposit Box - Similar to GC-050, this form is specific to financial institutions. It is used when a guardian opens or changes an account or safe-deposit box in the name of the guardianship.
  • GC-020: Petition for Appointment of Guardian - This document initiates the guardianship process. It outlines the reasons for seeking guardianship and provides necessary details about the proposed guardian and the individual needing care.
  • GC-021: Order Appointing Guardian - After reviewing the petition, the court issues this order, officially appointing the guardian and detailing their powers and responsibilities.
  • GC-022: Letters of Guardianship - This form is issued by the court to provide formal recognition of the guardian’s authority. It outlines the scope of the guardian's powers and responsibilities.
  • GC-024: Notice of Hearing - This document informs interested parties about the upcoming hearing related to the guardianship petition, ensuring that everyone involved has an opportunity to participate.
  • GC-030: Guardian’s Report - Guardians are often required to submit this report to the court, detailing how they are managing the ward’s care and finances. It helps the court monitor the guardian's performance and the well-being of the ward.
  • GC-031: Notice of Change of Address - If the guardian changes their address, this form must be filed to keep the court and other interested parties informed of the guardian's current contact information.
  • GC-032: Petition for Termination of Guardianship - When a guardianship is no longer needed, this form is used to request the court to terminate the guardianship and release the guardian from their duties.

Understanding these forms and their purposes is crucial for anyone involved in the guardianship process. Each document plays a vital role in ensuring that the rights and well-being of the minor or individual in need of guardianship are protected throughout the legal proceedings.

Similar forms

The California GC-250 form is used in guardianship cases, specifically for appointing a guardian for a minor or dependent adult. Several other documents serve similar purposes or functions in the realm of guardianship and conservatorship. Here’s a list of those documents:

  • GC-050: Notice of Taking Possession or Control of an Asset of Minor or Conservatee - This form is used by institutions to report when they take control of an asset held for a minor or conservatee, similar to how the GC-250 establishes guardianship responsibilities.
  • GC-051: Notice of Opening or Changing a Guardianship or Conservatorship Account or Safe-Deposit Box - This document is required for financial institutions when a guardian needs to open or modify accounts, paralleling the GC-250’s focus on the guardian's authority.
  • GC-210: Petition for Appointment of Guardian - This form initiates the process of appointing a guardian, similar to how the GC-250 formalizes the appointment once granted.
  • GC-240: Letters of Conservatorship - Like the GC-250, this document grants authority to a conservator, establishing legal rights and responsibilities over an adult who cannot manage their own affairs.
  • GC-205: Consent to Appointment of Guardian - This form is used to obtain consent from the parties involved, similar to the GC-250 which reflects the court's approval of a guardian.
  • GC-200: Order Appointing Guardian - This document officially appoints a guardian, much like the GC-250 which serves as a record of that appointment.
  • GC-220: Report of Guardian - This form requires guardians to report on their actions and the well-being of the ward, akin to the ongoing responsibilities outlined in the GC-250.
  • GC-120: Petition for Termination of Guardianship - This document is used to request the end of a guardianship, providing a formal process that complements the establishment of guardianship as seen in the GC-250.

Dos and Don'ts

When filling out the California GC 250 form, there are important dos and don’ts to keep in mind. Following these guidelines can help ensure a smoother process.

  • Do provide accurate information for all required fields.
  • Do double-check the case number to avoid confusion.
  • Do include any necessary attachments as specified in the form.
  • Do sign and date the form in the designated areas.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank; this could delay processing.
  • Don't use abbreviations or shorthand that may not be understood.
  • Don't forget to check for any specific local court rules that may apply.
  • Don't submit the form without ensuring all signatures are present.

By adhering to these guidelines, you can help facilitate the guardianship process and ensure compliance with California law.

Misconceptions

Understanding the California GC 250 form is essential for anyone involved in guardianship proceedings. However, several misconceptions can lead to confusion. Here are four common misunderstandings about this important document:

  • Misconception 1: The GC 250 form automatically grants financial control over the ward's assets.
  • In reality, while the GC 250 form establishes a guardian's authority, it does not grant the guardian unrestricted access to the ward's financial assets. Specific court orders are required for the guardian to take possession of any money or property.

  • Misconception 2: Once the guardian is appointed, their powers are unlimited.
  • This is not true. The form explicitly outlines the powers granted to the guardian, along with any restrictions or conditions. These details are crucial for ensuring the guardian acts in the best interest of the ward.

  • Misconception 3: The GC 250 form is a one-time document that doesn't require updates.
  • In fact, the guardianship may need to be updated or modified as circumstances change. For example, if the ward reaches adulthood, the guardian's powers may need to be reassessed and potentially modified through the court.

  • Misconception 4: All guardianship forms are the same across different states.
  • This is misleading. Each state has its own forms and regulations regarding guardianship. The California GC 250 form is specifically tailored to meet the requirements set forth by California law, and similar forms in other states may differ significantly in content and purpose.

Key takeaways

When filling out and using the California GC-250 form, there are several important points to consider. Understanding these key takeaways can help ensure proper completion and use of the form.

  • Purpose of the Form: The GC-250 form is used to establish guardianship over a minor's person or estate in California. It outlines the powers and responsibilities of the appointed guardian.
  • Attachments Required: The form requires attachments that specify the powers granted to the guardian and any conditions imposed. These attachments must be clearly labeled and referenced in the form.
  • Filing Process: After completing the form, it must be filed with the appropriate Superior Court. There is no filing fee associated with the GC-250 form.
  • Authorization Limits: The guardian is not allowed to take possession of any money or property without a specific court order, ensuring oversight of the guardian's actions.
  • Institutional Notifications: If the guardian needs to manage assets held by financial institutions, additional forms (GC-050 or GC-051) must be completed and filed. These forms notify institutions of the guardianship and facilitate access to the minor's assets.
  • Affirmation and Certification: The guardian must affirm their commitment to fulfilling their duties according to the law. Certification from the court clerk confirms that the letters of guardianship are valid and in effect.

Being aware of these takeaways can help streamline the process of filling out and utilizing the GC-250 form effectively.