California Adult Conservatorship Petition + Letters of Conservatorship Package

CALIFORNIA ADULT PROBATE CONSERVATORSHIP PETITION + LETTERS OF CONSERVATORSHIP PACKAGE

PART 0 — PRE-PETITION CHECKLIST AND TRIAGE

0.1 Conservatorship Type Selection

☐ General Probate Conservatorship (Prob. Code § 1801) — adult unable to provide for personal needs or to manage financial resources
☐ Limited Probate Conservatorship (Prob. Code § 1801(d)) — adult with developmental disability (Regional Center client); use Form GC-310 with limited box
☐ LPS Conservatorship (Welf. & Inst. Code § 5350) — adult gravely disabled as a result of mental disorder or chronic alcoholism; STOP — refer to county Public Conservator / LPS designee; do not use this packet
☐ CARE Act Petition (Welf. & Inst. Code § 5970 et seq., SB 1338 (2022)) — schizophrenia-spectrum / psychotic disorder, court-ordered care plan; separate civil filing, not a conservatorship

0.2 Less Restrictive Alternatives Reviewed (REQUIRED — Prob. Code § 1800.3, § 1821(a)(3))

☐ Existing Durable Power of Attorney for Finances reviewed and found insufficient / not in force / actively abused
☐ Advance Health Care Directive (Prob. Code § 4670 et seq.) reviewed and found insufficient
☐ Representative Payee (Social Security / VA) considered
☐ Special Needs Trust or supplemental needs planning considered
☐ Supported Decision-Making Agreement considered
☐ In-Home Supportive Services (IHSS) and community-based supports evaluated
☐ Joint accounts, totten trusts, or other informal arrangements evaluated
☐ Capacity to execute new advance planning documents medically assessed — INSUFFICIENT

0.3 Pre-Filing Diligence

☐ Capacity Declaration (Form GC-348) obtained from licensed physician or psychologist
☐ For Regional Center client: Regional Center report (Prob. Code § 1827.5) requested
☐ Proposed conservatee's wishes and preferences documented (Prob. Code § 1828)
☐ Nominee priority under Prob. Code § 1810 reviewed (spouse, adult child, parent, sibling, other)
☐ Citation to be served personally on proposed conservatee at least 15 days before hearing (Prob. Code § 1824)
☐ Notice of Hearing (GC-020) to be mailed at least 15 days before hearing to relatives within second degree (Prob. Code § 1822)
☐ Bond amount estimated under Prob. Code § 2320; or waiver justification prepared
☐ Court Investigator interview anticipated under Prob. Code § 1826
☐ Filing fee or fee waiver (Form FW-001) prepared

PART 1 — PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR (JUDICIAL COUNCIL FORM GC-310)

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF [____________________________]
PROBATE DIVISION

1. PETITIONER

Petitioner is [FULL NAME OF PETITIONER], of [________________________________], whose relationship to the proposed conservatee is: ☐ Spouse ☐ Adult child ☐ Parent ☐ Adult sibling ☐ Other relative ☐ Friend ☐ Public Guardian ☐ Proposed conservatee (self) ☐ Other [____________________________].

Petitioner is authorized to file this Petition under Probate Code § 1820.

2. PROPOSED CONSERVATEE

3. REQUESTED APPOINTMENT

Petitioner requests appointment of:

☐ [NAME] as Conservator of the PERSON of the proposed conservatee
☐ [NAME] as Conservator of the ESTATE of the proposed conservatee
☐ Both of the Person and the Estate
☐ Limited Conservator (developmental disability — Prob. Code § 1801(d))

4. GROUNDS FOR CONSERVATORSHIP (Prob. Code § 1801)

The proposed conservatee is unable to:

☐ Provide properly for his/her personal needs for physical health, food, clothing, or shelter (§ 1801(a))
☐ Manage his/her own financial resources or resist fraud or undue influence (§ 1801(b))

Specific facts supporting incapacity:

[________________________________]
[________________________________]
[________________________________]

5. LESS RESTRICTIVE ALTERNATIVES CONSIDERED (Prob. Code § 1800.3, § 1821(a)(3))

Petitioner has considered the following alternatives and they are insufficient because:

6. CHARACTER AND ESTIMATED VALUE OF ESTATE (Prob. Code § 1821(b))

7. NOMINATION AND PRIORITY (Prob. Code § 1810, § 1812)

Proposed conservatee has ☐ has not nominated the proposed conservator in writing. If nomination exists, attached as Exhibit [____].

8. RELATIVES ENTITLED TO NOTICE (Prob. Code § 1822) — must list relatives within second degree

9. ORDERS REQUESTED

☐ Letters of Conservatorship issue upon qualification
☐ Bond fixed at $[____________] OR ☐ Bond waived because [________________]
☐ $[____________] in deposits in a blocked account
☐ Powers under Prob. Code § 2590 (independent exercise) — see Attachment 1d
☐ Orders under Prob. Code § 2355 (medical consent — conservatee lacks capacity)
☐ Orders limiting conservatee's rights (voting, marriage, contracts, driving)
☐ Exclusive authority to determine residence of conservatee
☐ Authority to consent to placement in secured perimeter residential care facility (Prob. Code § 2356.5) — if dementia

VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [____________________________], California.

[____________________________]
Petitioner

PART 2 — CITATION FOR CONSERVATORSHIP (JUDICIAL COUNCIL FORM GC-320) — REFERENCE

CITATION FOR CONSERVATORSHIP — NOTICE TO PROPOSED CONSERVATEE

TO: [NAME OF PROPOSED CONSERVATEE]

A Petition for Appointment of Conservator has been filed for you. YOU ARE COMMANDED to appear at the hearing on [__/__/____] at [____________________________] in Department [______] of the above court located at [________________________________].

YOUR RIGHTS (Prob. Code § 1823, § 1828):

• You have the right to oppose this Petition.
• You have the right to attend the hearing in person.
• You have the right to be represented by an attorney of your choice, or to have the court appoint an attorney for you (Prob. Code § 1471).
• You have the right to a jury trial on the issue of whether you should have a conservator.
• You have the right to have the court select the least restrictive alternative.
• If a conservator is appointed, you may lose certain rights, including the right to enter contracts, to vote (unless capacity is found), to make medical decisions, and to choose where you live.

PART 3 — NOTICE OF HEARING (JUDICIAL COUNCIL FORM GC-020 / NOTICE OF HEARING — GUARDIANSHIP OR CONSERVATORSHIP)

NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR

NOTICE IS GIVEN that a Petition for Appointment of Probate Conservator of the Person and/or Estate of [NAME OF PROPOSED CONSERVATEE] has been filed in the Superior Court of California, County of [____________________________], and will be heard on:

You may appear and object. If you object, file written objections before the hearing.

PART 4 — CONFIDENTIAL SUPPLEMENTAL INFORMATION (JUDICIAL COUNCIL FORM GC-312) — REFERENCE

Filed under seal. Includes:

☐ Description of cognitive deficits (alertness, information processing, thought processes, ability to modulate mood)
☐ Description of inability to perform activities of daily living
☐ Description of inability to manage finances
☐ Identification of any prior conservatorship, guardianship, or POA

PART 5 — CAPACITY DECLARATION — CONSERVATORSHIP (JUDICIAL COUNCIL FORM GC-335) AND CONFIDENTIAL CAPACITY ASSESSMENT AND DECLARATION — PROBATE (FORM GC-348, eff. Jan. 1, 2025)

CAPACITY DECLARATION — CONSERVATORSHIP

To be completed by: ☐ Licensed Physician (M.D./D.O.) ☐ Licensed Psychologist ☐ Advanced Practice Registered Nurse

Declarant's Information:

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

Dated: [__/__/____] [____________________________]
Declarant (M.D./Psychologist/APRN)

PART 6 — COURT INVESTIGATOR INTERVIEW NOTICE (Prob. Code § 1826)

Petitioner acknowledges that the Court Investigator will:

☐ Personally interview the proposed conservatee
☐ Inform the proposed conservatee of the nature, purpose, and effect of the proceeding
☐ Determine whether conservatee wishes to attend hearing, contest, or have counsel
☐ Investigate appropriateness of proposed conservator
☐ Investigate alleged deficits and need for conservatorship
☐ Consider availability of less restrictive alternatives
☐ Submit confidential report to the court at least 5 court days before hearing
☐ Conduct annual review one year after appointment (Prob. Code § 1850) and biennial reviews thereafter

PART 7 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS (Prob. Code § 1800.3)

The court shall consider the availability and effectiveness of less restrictive alternatives. Petitioner provides the following detailed analysis:

7.1 Existing Planning Documents

7.2 Community-Based Supports

☐ In-Home Supportive Services (IHSS) — applied / receiving / not available because [____________]
☐ Adult Day Health Care — considered
☐ Multipurpose Senior Services Program (MSSP) — considered
☐ Regional Center services (if developmental disability) — engaged / waitlisted / ineligible

7.3 Capacity to Execute New Planning Documents

☐ Capacity Declaration confirms proposed conservatee LACKS capacity to execute new POA / AHCD
☐ Window for less restrictive planning is closed

PART 8 — BOND SETTING / WAIVER (Prob. Code §§ 2320–2322)

8.1 Bond Calculation

For Conservator of the Estate, bond is required unless waived. Calculation under Prob. Code § 2320:

8.2 Waiver Request (only if applicable)

☐ Proposed conservator is corporate fiduciary (Prob. Code § 2320(c)(1))
☐ Proposed conservator is exempt government agency
☐ All assets to be placed in blocked account; receipts to be filed
☐ Conservatee or written nomination waives bond AND court approves

PART 9 — ORDER APPOINTING PROBATE CONSERVATOR (JUDICIAL COUNCIL FORM GC-340)

ORDER APPOINTING PROBATE CONSERVATOR

The Petition came on for hearing as scheduled. The court, having considered the Petition, the Court Investigator's report, the Capacity Declaration, the testimony, and the availability of less restrictive alternatives, FINDS:

1. ☐ Notice has been given as required by law.
2. ☐ Proposed conservatee is unable to provide for personal needs / manage financial resources as defined in Prob. Code § 1801.
3. ☐ The appointment of a conservator is the least restrictive alternative.
4. ☐ Proposed conservator is suitable and willing to serve.

IT IS ORDERED:

• [NAME] is appointed Conservator of the ☐ Person ☐ Estate ☐ Both of [CONSERVATEE NAME].
• Conservator shall file bond in the amount of $[____________] or bond is waived.
• Letters of Conservatorship shall issue on filing of bond and Acknowledgment of Receipt of Statement of Duties and Liabilities (Form GC-348).
• Powers granted under Prob. Code § 2590: [________________________________]
• Capacity findings under Prob. Code § 1873/§ 1901: [________________________________]
• Medical consent authority under Prob. Code § 2355: ☐ Granted ☐ Denied
• Dementia placement / psychotropic authority under Prob. Code § 2356.5: ☐ Granted ☐ Denied
• Inventory and Appraisal due within 90 days (Prob. Code § 2610)
• First account due in one year; subsequent accounts biennially (Prob. Code § 2620)
• Court review under Prob. Code § 1850 set for [__/__/____]

Dated: [__/__/____] [____________________________]
Judge of the Superior Court

PART 10 — LETTERS OF CONSERVATORSHIP (JUDICIAL COUNCIL FORM GC-350)

LETTERS OF CONSERVATORSHIP — STATE OF CALIFORNIA

Conservatorship of [NAME OF CONSERVATEE], Conservatee.

These Letters certify that on [__/__/____], [NAME OF CONSERVATOR] was duly appointed and qualified as:

☐ Conservator of the Person of the above-named Conservatee
☐ Conservator of the Estate of the above-named Conservatee
☐ Limited Conservator (Prob. Code § 1801(d))

with full authority under Probate Code §§ 2351–2358, subject to the limitations set forth in the Order of Appointment dated [__/__/____].

Affirmation: I solemnly affirm that I will perform according to law the duties of conservator.

[____________________________]
Conservator

Witness, the clerk of said Superior Court, with the seal thereof affixed, this [____] day of [____________], 20[____].

[____________________________]
Clerk of the Superior Court

PART 11 — INVENTORY AND APPRAISAL + ACCOUNTING REFERENCE

11.1 Inventory and Appraisal (Prob. Code § 2610, Form GC-040 / DE-160)

Conservator of the Estate must file Inventory and Appraisal within 90 days of appointment. Probate Referee appraises non-cash assets.

11.2 First Account, Subsequent Accounts (Prob. Code § 2620)

Form: GC-400/GC-040 series — Standard or Simplified Account.

11.3 Court Review (Prob. Code § 1850)

11.4 Conservator Education

☐ Conservator has completed the Handbook for Conservators and signed Acknowledgment of Receipt
☐ Conservator has reviewed online education materials at the California Courts Self-Help Center

PART 12 — NOTES ON LPS CONSERVATORSHIP (Welf. & Inst. Code § 5350) AND CARE COURT (SB 1338 (2022))

SOURCES AND REFERENCES

• Cal. Prob. Code §§ 1800–1898 (Conservatorship)
• Cal. Prob. Code §§ 2300–2363 (Bond, Powers, Medical Consent)
• Cal. Prob. Code §§ 2400–2806 (Administration, Inventory, Accounting)
• Cal. Welf. & Inst. Code § 5350 et seq. (LPS)
• Cal. Welf. & Inst. Code § 5970 et seq. (CARE Act, SB 1338 (2022))
• SB 1264 (2018) — periodic review reforms
• Judicial Council Forms: https://courts.ca.gov/forms
• California Courts Self-Help: https://selfhelp.courts.ca.gov/conservatorships
• Handbook for Conservators (Judicial Council)

END OF PACKAGE