Free GC-340 Order Appointing Probate Conservator (Probate--Guardianships and Conservatorships) - California

GC-340
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

CONSERVATORSHIP OF

(Name):
CONSERVATEE
CASE NUMBER:

ORDER APPOINTING PERSON

SUCCESSOR ESTATE

PROBATE CONSERVATOR OF THE

Limited Conservatorship

WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.
1. The petition for appointment of successor conservator came on for hearing as follows (check boxes c, d, e, and f or g to indicate personal presence): a. Judicial officer (name): b. Hearing date: Room: Time: Dept.: c. Petitioner (name): d. Attorney for petitioner (name): e. Attorney for person cited the conservatee on petition to appoint successor conservator: (Telephone): (Name): (Address): f. g. 2. 3. 4. present. unable to attend. Person cited was The conservatee on petition to appoint successor conservator was able but unwilling to attend. out of state. present. not present.

THE COURT FINDS All notices required by law have been given. Granting the conservatorship is the least restrictive alternative needed for the protection of the conservatee. (Name): a. is unable properly to provide for his or her personal needs for physical health, food, clothing, or shelter. b. is substantially unable to manage his or her financial resources or to resist fraud or undue influence. c. has voluntarily requested appointment of a conservator and good cause has been shown for the appointment. The conservatee a. b. c. d. 6. 7. 8. is an adult. will be an adult on the effective date of this order. is a married minor. is a minor whose marriage has been dissolved. There is no form of medical treatment for which the conservatee has the capacity to give an informed consent. The conservatee is an adherent of a religion defined in Probate Code section 2355(b). Granting the successor conservator powers to be exercised independently under Probate Code section 2590 is to the advantage and benefit and in the best interest of the conservatorship estate. The conservatee is not capable of completing an affidavit of voter registration.
Page 1 of 3 Probate Code, §§ 1830, 2688 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com

5.

Do NOT use this form for a temporary conservatorship.
Form Adopted for Mandatory Use Judicial Council of California GC-340 [Rev. July 1, 2008]

ORDER APPOINTING PROBATE CONSERVATOR
(Probate--Guardianships and Conservatorships)

GC-340
CONSERVATORSHIP OF (Name): CONSERVATEE
CASE NUMBER:

9. 10.

11. 12.

The conservatee has dementia as defined in Probate Code section 2356.5, and the court finds all other facts required to make the orders specified in item 27. Attorney (name): has been appointed by the court as legal counsel to represent the conservatee in these proceedings. The cost for representation is: $ The conservatee has the ability to pay all none a portion of this sum (specify): $ The conservatee need not attend the hearing. The appointed court investigator is (name): (Address and telephone):

13. 14. 15.

(For limited conservatorship only) The limited conservatee is developmentally disabled as defined in Probate Code section 1420. The successor conservator is a professional fiduciary as defined by Business and Professions Code section 6501(f). The successor conservator holds a valid, unexpired, unsuspended license as a professional fiduciary issued by the Professional Fiduciaries Bureau of the California Department of Consumer Affairs under chapter 6 (commencing with section 6500) of division 3 of the Business and Professions Code. License no.: Issuance or last renewal date: Expiration date: a. b.

16. (Either a, b, or c must be checked): successor conservator is not the spouse of the conservatee. The The successor conservator is the spouse of the conservatee and is not a party to an action or proceeding against the conservatee for legal separation, dissolution, annulment, or adjudication of nullity of their marriage. c. successor conservator is the spouse of the conservatee and is a party to an action or proceeding The against the conservatee for legal separation, dissolution, annulment, or adjudication of nullity of their marriage. It is in the best interest of the conservatee to appoint the spouse as successor conservator. 17. (Either a, b, or c must be checked): a. b. c. The successor conservator is not the domestic partner or former domestic partner of the conservatee. The successor conservator is the domestic partner of the conservatee and has neither terminated nor intends to terminate their domestic partnership. The successor conservator is the domestic partner or former domestic partner of the conservatee and intends to terminate or has terminated their domestic partnership. It is in the best interest of the conservatee to appoint the domestic partner or former domestic partner as successor conservator. (Name): (Address): is appointed b. (Name): (Address): is appointed 19. 20. a. b. c. successor conservator successor conservator limited conservator of the PERSON of (name): and Letters of Conservatorship shall issue upon qualification. (Telephone): (Telephone):

THE COURT ORDERS 18. a.

limited conservator of the ESTATE of (name): and Letters of Conservatorship shall issue upon qualification.

The conservatee need not attend the hearing. Bond is not required. Bond is fixed at: $ provided by law. Deposits of: $ location): to be furnished by an authorized surety company or as otherwise are ordered to be placed in a blocked account at (specify institution and

and receipts shall be filed. No withdrawals shall be made without a court order. Additional orders in attachment 20c.
GC-340 [Rev. July 1, 2008]

ORDER APPOINTING PROBATE CONSERVATOR
(Probate--Guardianships and Conservatorships)

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GC-340
CONSERVATORSHIP OF (Name): CONSERVATEE
CASE NUMBER:

20. (cont.) d. 21.

successor The without a specific court order. For legal services rendered, forthwith

conservator is not authorized to take possession of money or any other property conservatee conservatee's estate shall pay the sum of: $

to (name): as follows (specify terms, including any combination of payors):

22. 23.

Continued in attachment 21. The conservatee is disqualified from voting. The conservatee lacks the capacity to give informed consent for medical treatment and the successor conservator of the person is granted the powers specified in Probate Code section 2355. The treatment shall be performed by an accredited practitioner of a religion as defined in Probate Code section 2355(b). The successor conservator of the estate is granted authorization under Probate Code section 2590 to exercise independently the powers specified in attachment 24 subject to the conditions provided. Orders relating to the capacity of the conservatee under Probate Code sections 1873 or 1901 as specified in attachment 25 are granted. successor conservator of the person under Orders relating to the powers and duties of the Probate Code sections 2351­2358 as specified in attachment 26 are granted. (Do not include orders under Probate Code section 2356.5 relating to dementia.) Orders relating to the conditions imposed under Probate Code section 2402 on the successor conservator of the estate as specified in attachment 27 are granted. a. successor conservator of the person is granted authority to place the conservatee in a care or The nursing facility described in Probate Code section 2356.5(b). b. successor conservator of the person is granted authority to authorize the administration of The medications appropriate for the care and treatment of dementia described in Probate Code section 2356.5(c). Other orders as specified in attachment 29 are granted. The probate referee appointed is (name and address):

24. 25. 26.

27. 28.

29. 30.

31. 32. 33. 34.

successor (For limited conservatorship only) Orders relating to the powers and duties of the limited conservator of the person under Probate Code section 2351.5 as specified in attachment 31 are granted. (For limited conservatorship only) Orders relating to the powers and duties of the successor limited conservator of the estate under Probate Code section 1830(b) as specified in attachment 32 are granted. (For limited conservatorship only) Orders limiting the civil and legal rights of the limited conservatee as specified in attachment 33 are granted. This order is effective on the date signed date minor attains majority (specify):

35. Number of boxes checked in items 18­34: 36. Number of pages attached: Date:
JUDICIAL OFFICER SIGNATURE FOLLOWS LAST ATTACHMENT

GC-340 [Rev. July 1, 2008]

ORDER APPOINTING PROBATE CONSERVATOR
(Probate--Guardianships and Conservatorships)

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