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The California GC-320 form plays a crucial role in the legal process of establishing conservatorships, which are designed to protect individuals who may not be able to care for themselves or manage their finances. This form serves as a citation for conservatorship, outlining the need for a court hearing where the proposed conservatee must appear and respond to the petition. It addresses important aspects such as the rights of the individual being cited, including the right to legal representation and the ability to contest the appointment of a conservator. The form also highlights the implications of being deemed unable to manage personal needs or financial resources, which can significantly affect the conservatee's autonomy. Furthermore, the GC-320 ensures that the proposed conservatee is informed of their rights, including the possibility of a jury trial and the right to oppose specific duties of a limited conservator. This document is essential in safeguarding the interests of individuals who may be vulnerable, ensuring that their voices are heard throughout the conservatorship process.

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GC-320

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 THE

 

PERSON

 

ESTATE

 

 

 

 

of (name):

 

 

 

 

 

 

 

 

 

 

PROPOSED CONSERVATEE

 

 

 

 

 

 

 

 

CITATION FOR CONSERVATORSHIP

CASE NUMBER:

 

 

 

Limited Conservatorship

 

 

 

 

 

 

 

 

 

 

 

THE PEOPLE OF THE STATE OF CALIFORNIA,

To (name):

1.You are hereby cited and required to appear at a hearing in this court on

a.

Date:

 

Time:

 

 

 

Dept.:

 

Room:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

Address of court:

 

same as noted above

 

 

other (specify):

 

 

 

 

 

 

 

and to give any legal reason why, according to the verified petition filed with this court, you should not be found to be

 

unable to provide for your personal needs

 

 

 

unable to manage your financial resources

and by reason thereof,

why the following person should not be appointed

 

 

 

conservator

 

limited conservator

of your

 

person

 

 

 

 

 

 

estate (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.A conservatorship of the person may be created for a person who is unable properly to provide for his or her personal needs for physical health, food, clothing, or shelter. A conservatorship of the property (estate) may be created for a person who is unable to resist fraud or undue influence, or who is substantially unable to manage his or her own financial resources. "Substantial inability" may not be proved solely by isolated incidents of negligence or improvidence.

3. At the hearing a conservator may be appointed for your

 

person

 

estate.

The appointment may affect or transfer to the conservator your right to contract, to manage and control your property, to give informed consent for medical treatment, to fix your place of residence, and to marry.

4.You may be disqualified from voting if you are found to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process. You will not be disqualified from voting on the basis that you do, or would need to do, any of the following to complete an affidavit of voter registration:

a.Sign the affidavit of voter registration with a mark or a cross, pursuant to Section 2150(b) of the Elections Code;

b.Sign the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code;

c.Complete the affidavit of voter registration with the assistance of another person pursuant to Section 2150(d) of the

Elections Code; or

d. Complete the affidavit of voter registration with reasonable accommodations.

5.The judge or the court investigator will explain to you the nature, purpose, and effect of the proceedings and answer questions concerning the explanation.

CONTINUED ON PAGE 2. THE CLERK'S SEAL IS ALSO ON THAT PAGE.

Page 1 of 3

Form Adopted for Mandatory Use Judicial Council of California GC-320 [Rev. July 1, 2016]

CITATION FOR CONSERVATORSHIP

(Probate—Guardianships and Conservatorships)

Probate Code, § 1823

www.courts.ca.gov

GC-320

CONSERVATORSHIP OF THE

of (name):

PERSON

ESTATE

PROPOSED CONSERVATEE

CASE NUMBER:

6.You have the right to appear at the hearing and oppose the petition. You have the right to hire an attorney of your choice to represent you. The court will appoint an attorney to represent you if you are unable to retain one. You must pay the cost of that attorney if you are able. You have the right to a jury trial if you wish.

7.(For limited conservatorship only) In addition to the rights stated in item 6 above, you have the right to oppose the petition in part by objecting to any or all of the requested duties or powers of the limited conservator.

Date:

(SEAL)

Clerk, by

 

, Deputy

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for Accommodations by Persons With Disabilities and Order (form MC-410). (Civil Code section 54.8.)

GC-320 [Rev. July 1, 2016]

CITATION FOR CONSERVATORSHIP

Page 2 of 3

(Probate—Guardianships and Conservatorships)

GC-320

CONSERVATORSHIP OF THE

of (name):

PERSON

ESTATE

PROPOSED CONSERVATEE

CASE NUMBER:

PROOF OF SERVICE

1.At the time of service I was at least 18 years of age and not a party to this proceeding. I served copies of the Citation for Conservatorship and the Petition for Appointment of Probate Conservator (form GC-310) as follows:

2.a. Person cited (name):

b. Person served: (1)

(2)

person in item 2a

other (specify name and title or relationship to the person named in item 2a):

c. Address (specify):

3.I served the person named in item 2

a.

 

by personally delivering the copies

(1) on (date):

(2) at (time):

b.

 

by mailing the copies to the person served, addressed as shown in item 2c, by first-class mail, postage prepaid,

 

 

(1)

on (date):

(2)

from (city):

 

(3)

 

with two copies of the Notice and Acknowledgment of Receipt—Civil and a postage-paid return envelope

 

 

 

 

 

 

addressed to me. (Attach completed Notice and Acknowledgment of Receipt—Civil (form POS-015).)

 

(4)

 

to an address outside California with return receipt requested. (Attach completed return receipt.)

 

 

c.

 

other (specify other manner of service, and the authorizing code section and order of the court):

 

4.a. Person serving (name, address, and telephone number):

 

b.

 

 

Fee for service: $

 

c.

 

 

Not a registered California process server.

 

 

 

d.

 

 

Exempt from registration under Business and Professions Code section 22350(b).

 

 

 

 

e.

 

 

Registered California process server.

 

 

 

 

 

(1)

 

Employee or independent contractor.

 

 

 

 

 

(2)

Registration no. (specify):

 

 

(3)

County (specify):

 

 

(4)

Expiration (date):

5.

 

 

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

 

 

6.

 

 

I am a California sheriff or marshal and I certify that the foregoing is true and correct.

 

 

Date:

(SIGNATURE OF PERSON SERVING)

GC-320 [Rev. July 1, 2016]

CITATION FOR CONSERVATORSHIP

Page 3 of 3

(Probate—Guardianships and Conservatorships)

➤ PDF File

Form Specifications

Fact Name Details
Purpose of GC-320 The GC-320 form is used to notify a proposed conservatee about a hearing regarding their conservatorship. It outlines the reasons for the conservatorship and the rights of the individual.
Governing Law This form is governed by California Probate Code, § 1823, which details the procedures for conservatorship in the state.
Rights of the Proposed Conservatee The proposed conservatee has the right to appear at the hearing, oppose the petition, and hire an attorney. If they cannot afford one, the court may appoint an attorney for them.
Limited Conservatorship For limited conservatorships, the proposed conservatee can object to specific duties or powers requested for the conservator, providing them with a degree of control over the process.

California Gc 320: Usage Guidelines

Filling out the California GC-320 form requires careful attention to detail. After completing the form, you will need to file it with the appropriate court and ensure that all parties involved are properly notified. Follow these steps to fill out the form accurately.

  1. At the top of the form, enter your name and, if applicable, your firm name.
  2. Provide your State Bar number, street address, city, state, ZIP code, telephone number, fax number, and email address.
  3. Indicate who you are representing by filling in the name of the person for whom you are the attorney.
  4. Fill in the name of the Superior Court of California and the county where the case is being filed.
  5. Enter the street address and mailing address of the court, including the city and ZIP code.
  6. Specify the branch name of the court.
  7. Provide the name of the proposed conservatee and the case number.
  8. Complete the section regarding the date, time, department, and room of the hearing.
  9. Fill in the address of the court if it differs from the one noted above.
  10. Review and ensure all information is accurate and complete before signing and dating the form.

Your Questions, Answered

What is the California GC-320 form?

The California GC-320 form is a legal document used in conservatorship cases. It serves as a citation that requires a proposed conservatee to appear in court. The form outlines the reasons for the conservatorship and informs the individual of their rights and the nature of the proceedings.

Who needs to fill out the GC-320 form?

The form is typically filled out by the petitioner seeking a conservatorship. This could be a family member, friend, or another interested party who believes that the proposed conservatee is unable to manage their personal or financial affairs. The completed form is then submitted to the court.

What information is required on the GC-320 form?

Essential information includes the names and addresses of the attorney or party filing the form, the proposed conservatee, and the court details. The form also requires the date and time of the hearing, as well as specific reasons why the conservatorship is being sought.

What happens after the GC-320 form is filed?

Once the GC-320 form is filed, the court will schedule a hearing. The proposed conservatee will be served with the citation and must appear in court to respond to the petition. The court will review the case and determine whether a conservatorship is necessary.

Can the proposed conservatee oppose the conservatorship?

Yes, the proposed conservatee has the right to oppose the conservatorship. They can appear at the hearing, present their case, and hire an attorney if they wish. If they cannot afford an attorney, the court may appoint one for them.

What are the potential consequences of being placed under conservatorship?

A conservatorship can significantly impact an individual's rights. It may transfer control over personal and financial decisions to the conservator. This includes decisions about medical treatment, living arrangements, and financial management. Understanding these implications is crucial before proceeding.

Is a jury trial possible in conservatorship cases?

Yes, the proposed conservatee has the right to request a jury trial if they wish. This option allows them to have their case heard by a group of peers rather than just a judge, which can be an important consideration in such sensitive matters.

What if the proposed conservatee has a disability?

If the proposed conservatee has a disability, they still have the right to participate in the proceedings. The court provides accommodations, such as assistive listening devices or sign language interpreters, if requested in advance. This ensures that everyone can fully engage in the process.

How is the GC-320 form served to the proposed conservatee?

The GC-320 form must be served personally or by mail. If served by mail, it must be sent with a prepaid return envelope and acknowledgment receipt. This ensures that the proposed conservatee receives the information and has the opportunity to respond.

What should I do if I have more questions about the GC-320 form?

If you have additional questions about the GC-320 form or the conservatorship process, consider consulting with a legal professional. They can provide guidance tailored to your specific situation and help you navigate the complexities of conservatorship law.

Common mistakes

  1. Failing to provide accurate personal information. Ensure that your name, address, and contact details are correct. Errors can delay the process.

  2. Not including the correct case number. This number is essential for the court to identify your specific case. Double-check that it matches the number assigned to your petition.

  3. Missing signatures. All required parties must sign the form. An unsigned form can lead to dismissal or delays.

  4. Neglecting to serve all necessary parties. Make sure that all individuals who need to be notified are properly served with the citation.

  5. Using outdated forms. Always use the most current version of the GC-320 form. Older versions may not be accepted by the court.

  6. Providing insufficient proof of service. Ensure that you follow the correct procedures for serving the citation and keep proper documentation.

  7. Not understanding the rights being waived. Review the implications of the conservatorship thoroughly. Ignorance of your rights can have lasting effects.

  8. Ignoring deadlines. Pay attention to all timelines for filing and serving documents. Missing a deadline can jeopardize your case.

  9. Failing to seek legal assistance. If you are unsure about the process, consider consulting an attorney. Proper guidance can help avoid mistakes.

Documents used along the form

In the context of conservatorship proceedings in California, the GC-320 form serves as a citation for conservatorship. This form is often accompanied by other documents that play crucial roles in the legal process. Below is a list of forms and documents frequently used alongside the GC-320, each serving its own purpose in ensuring a fair and thorough conservatorship hearing.

  • GC-310: Petition for Appointment of Probate Conservator - This document initiates the conservatorship process. It outlines the reasons for seeking a conservatorship and identifies the proposed conservator, providing the court with essential information to consider.
  • GC-322: Order Appointing Probate Conservator - This order is issued by the court after a hearing. It officially appoints the conservator and outlines the specific powers and responsibilities granted to them.
  • GC-321: Notice of Hearing - This notice informs all interested parties about the date, time, and location of the conservatorship hearing. It ensures that everyone involved has the opportunity to attend and voice their opinions.
  • GC-310(P): Petition for Appointment of Limited Conservator - Similar to the GC-310, this petition is specifically for limited conservatorships. It details the limited powers being requested for the conservator, focusing on particular needs of the proposed conservatee.
  • GC-400: Conservator's Initial Inventory and Appraisal - This form is used by the conservator to document the assets and property of the conservatee. It provides a clear picture of the conservatee's estate at the time the conservatorship is established.
  • GC-405: Conservator's Account - This document is submitted periodically by the conservator to report on the financial activities related to the conservatorship. It ensures transparency and accountability in managing the conservatee's finances.
  • GC-410: Request for Accommodations by Persons With Disabilities - This form allows individuals to request accommodations for disabilities when attending court hearings. It promotes accessibility and ensures that all parties can participate fully in the process.
  • MC-410: Order on Request for Accommodations - Following a request for accommodations, this order outlines what adjustments will be made to facilitate the participation of individuals with disabilities in the hearing.
  • POS-015: Notice and Acknowledgment of Receipt—Civil - This form is often used to confirm that all parties have received the necessary documents related to the conservatorship proceedings. It helps establish that everyone is informed and involved.
  • GC-350: Notice of Change of Address - If any party involved in the conservatorship proceedings changes their address, this form must be filed to ensure that all communications continue without interruption.

Each of these documents plays a vital role in the conservatorship process, helping to protect the rights of the proposed conservatee while ensuring that the legal proceedings are conducted fairly and transparently. Understanding these forms can empower individuals involved in conservatorship matters to navigate the legal landscape with greater confidence.

Similar forms

  • GC-310: Petition for Appointment of Probate Conservator - This document initiates the conservatorship process, similar to GC-320, as it outlines the request for a conservator to be appointed for an individual who is unable to manage their personal or financial affairs.
  • GC-200: Petition for Appointment of Guardian - Like GC-320, this form is used to request the appointment of a guardian for a minor, focusing on the protection and care of individuals who cannot care for themselves.
  • GC-330: Order Appointing Probate Conservator - This document is issued by the court after a hearing, confirming the appointment of a conservator, similar to the outcome sought in GC-320.
  • GC-340: Letters of Conservatorship - Once a conservator is appointed, this document grants them the legal authority to act on behalf of the conservatee, paralleling the purpose of GC-320 in establishing conservatorship.
  • GC-400: Notice of Hearing - This form provides notice to interested parties about the hearing related to the conservatorship, similar to the citation aspect of GC-320 that requires attendance at a hearing.
  • GC-420: Report of Conservator - This report is filed periodically by the conservator to update the court on the conservatee’s status, following the establishment of conservatorship as initiated by GC-320.
  • MC-410: Request for Accommodations by Persons with Disabilities - This form allows individuals to request necessary accommodations for court hearings, akin to the rights and provisions mentioned in GC-320.
  • POS-015: Notice and Acknowledgment of Receipt—Civil - This document is used to confirm that parties have received legal documents, similar to the proof of service requirements in GC-320.
  • Form 1: Declaration of Competency - This declaration may be required to assess the competency of the proposed conservatee, paralleling the evaluations conducted during the conservatorship process outlined in GC-320.

Dos and Don'ts

When filling out the California GC-320 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do during this process.

  • Do provide accurate information in all fields, including your name, address, and contact details.
  • Do ensure that the case number is correctly entered to avoid delays in processing.
  • Do review the form thoroughly before submission to catch any errors or omissions.
  • Do seek assistance if you have questions about the form or the process; resources are available.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank; incomplete forms may be rejected.
  • Don't submit the form without signing it; an unsigned form is not valid.
  • Don't use correction fluid or tape on the form; make corrections neatly by crossing out errors and initialing them.
  • Don't ignore deadlines; submit the form in a timely manner to ensure compliance with court requirements.

Misconceptions

Understanding the California GC-320 form can be challenging, especially with all the information surrounding conservatorships. Here are six common misconceptions about this form that can help clarify its purpose and implications:

  • Misconception 1: The GC-320 form is only for elderly individuals.

    • This form applies to anyone who may be unable to manage their personal or financial needs, regardless of age. It’s not limited to seniors.

  • Misconception 2: Filling out the GC-320 form means you will definitely lose your rights.

    • Submitting this form does not automatically strip someone of their rights. It initiates a legal process where a court determines the need for a conservatorship.

  • Misconception 3: You must have a lawyer to file the GC-320 form.

    • While having legal representation can be beneficial, individuals can represent themselves in court. The court may also appoint an attorney if needed.

  • Misconception 4: The conservatorship process is quick and straightforward.

    • The process can be lengthy and complex. It involves hearings, potential objections, and thorough evaluations by the court.

  • Misconception 5: If you are deemed a conservatee, you cannot vote.

    • You may still retain your voting rights unless you are found incapable of communicating your desire to participate in the voting process.

  • Misconception 6: The GC-320 form is only about financial matters.

    • This form addresses both personal and financial needs, highlighting that conservatorship can involve health care decisions and living arrangements as well.

Understanding these misconceptions can help individuals navigate the conservatorship process with greater confidence and clarity.

Key takeaways

Here are key takeaways regarding the California GC-320 form:

  • The GC-320 form is used to initiate a conservatorship case in California, requiring the proposed conservatee to appear in court.
  • It is essential to provide accurate information, including the names and addresses of all parties involved, as well as the court's details.
  • Individuals have the right to contest the conservatorship and may hire an attorney or request one from the court if needed.
  • At the hearing, the judge will explain the proceedings and the implications of a conservatorship, including rights that may be transferred to the conservator.
  • Assistive services are available for individuals with disabilities, but a request must be made at least five days in advance.