What are the required forms?
The following forms are mandatory in San Diego Superior Court:
- Petition for Appointment of Probate Conservator (Form GC-310)
- Citation (if conservatee is not the petitioner) (Form GC-320)
- Confidential Supplemental Information (Form GC-312)
- Confidential Conservator Screening (Form GC-314)
- Referral Information and List of Relatives (Form PR-020)
- Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators (Probate - Guardianships and Conservatorships (Form GC-348)
Definition of Terms
Court Investigator Report (Local Form):
Report prepared by the Court Investigator that is submitted at least five days before the court hearing. The report is confidential and contains detailed information regarding the proposed conservatee's health and whether a conservatorship is needed. The court charges a fee, called an assessment for the report which is usually paid from the conservatee's estate. Fees vary by report.
If a conservatorship is granted, the court investigator must visit and prepare a report six months from appointment and every year thereafter.
Private Professional Conservator:
This is a person not related by blood or marriage or an entity appointed as conservator of two or more conservatees. These persons must be licensed by the State Board of Licensing, effective July 1, 2008. (Prob. Code §2340, et seq.)
Regional Center is an agency that works with developmentally-disabled consumers and assists with promoting independence and self-sufficiency. Regional Center must be noticed when a petition for limited conservatorship is filed and a social worker from the agency prepares a confidential report for the court.
Order Appointing Probate Conservator (Prob. Code §1830) (Form GC-340)
Appoints the conservator.
Notice of Conservatee's Rights (Prob. Code §1820) (Form GC-341)
Notice sets forth rights of the conservatee. The conservator must mail the order and the attached information notice to the conservatee and the conservatee's relatives within 30 days of the issuance of the order.
Surety Bond (Prob. Code §2300, 2320)
Surety bonds protect the estate of the conservatee from losses in the event of mishandling by the conservator. If a bond is required, the court will determine the appropriate amount in the order appointing probate conservator. Bond must be filed prior to the issuance of letters. In cases where there are multiple conservators, there may be separate bonds for each.
Letters of Conservatorship (Prob. Code §1834) (Form GC-350)
Confirms the appointment of the conservator and gives the conservator the power to act.
Level of Care and Placement (Prob. Code §2352.5)
This is the declaration the conservator must file within 60 days of appointment that includes an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that will be necessary to keep the conservatee in his or her own personal residence or limitations which require the conservatee to live somewhere other than his or her personal residence.
Inventory and Appraisal (Prob. Court §2610, Cal Rules Ct., Rule 7.501) (Form GC-040)
Gives the valuation of the conservatee's assets for a conservatorship of the estate and is due within 90 days of Letters being issued. The same form is used for all types of cases within the probate court's jurisdiction.
Petition for Accounting (Prob. Code §2620, et seq.)
Petition for settlement of an accounting advises the court of how the conservatee's monies have been spent during the accounting period. The petition is placed on the court calendar for approval. An accounting must be filed at the end of the first year of the appointment of the conservator and every other year thereafter unless directed otherwise by the court.