Stanislaus — Guardianship conservatorship fee waiver instructions

Source: https://www.stanislaus.courts.ca.gov/system/files/forms-and-filings/guardianship-conservatorship-fee-waiver-instructions.pdf

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SUPERIOR COURT OF STANISLAUS COUNTY

www.stanislaus.courts.ca.gov
(209) 530-3100 Street Address: 1100 I Street
Modesto, CA 95353 Mailing Address: P.O. Box 1098
Modesto, CA 95353

REQUEST TO WAIVE COURT FEES AND ORDER ON COURT FEE WAIVER
{GUARDIANSHIP/CONSERVATORSH IP)

If you are asking the court to appoint a guardian for a minor or a conservator for ' . . . .
guadian or ‚onservator, and if you (or your w'ard or an ad.ult • ' •. ', 1 , • • or are. an appqinted1. ,.. ,. ''. { •
court to afford fees ari_d costs, you may not have to pay conser'(ateƒ„ cannot pay i . t. . . • . •
them in order to go to court. If you (or your ward or conservatee) are getting
public benefits, are a low-income person, or do not have enough income to pay
, court fees,·you may ask for your\ • (or• his or her). ' household'si • •• basic• ' • needs and your
the• c9urt• • . to waive all .or part! • ,f of\·· those fees.•

, court fees,·you may ask for your\ • (or• his or her). ' household'si • •• basic• ' • needs and your the• c9urt• • . to waive all .or part! • ,f of\·· those fees.•

the f<;>r' If you are petitioning aP.pointnient• "I. ' . of a guardian or conservator or are an
• \ • • ,
appointed guardian or conse;vator, complete the Request to Waive Court Fees
(Ward or Conservatee) (Form FW-001-GC) and Order on Court Fee Waiver
(Superior Court} (Ward or Conservatee) (Form FW-003-GC).
if you qualify, the court wfll ·waive all or.part of its fees-for the foll6wing:
• Filing papers in Superior Court (other than for an appeal in a case with a value of over $25,000)
• Making and cer_tify co piew -x Giying notice and certificates ,
*Sheriffs fee to give notice *Sending papers to another court department
• Court fee for telephone hearing
*Reporter's fee for attendance at trear.ing or trial, if a reporter is proviyed by the court.
• Assessment_ for court investigations under P_zobate Code section 1513, 1826, or 1851.
• Preparing, certifying, copying, and sending the clerk's transcript on appeal.
• Holding in trust the deposit for a reporter's transcript on appeal under rule 8.833 or 8.934.
• Making a transcript or copy of an official electronic recording under rule 8.835.

You may ask the court to w aive oth er co urt fees during your case in Supe ri or Court <JS w ell. To do th at, complete a Request to Waive Additional Court Fees (Superior Court) (Ward or Con servat or) (form FW-002-GC}. The court will consider w aving fees for items such as th e fo llowing, or othe r court se rvices you need for your case: *Jury fees and expenses *Fees for peace office r to testify in court *Fees for court-appoint experts "'Court-appointed interpreter fees for a witness

• Other necessary court fees

lf- -yetJ-f fee -wa-~ve-r-i-s-Elenie-d- you m ay-r@qu @st- a--h.ear..ing- and-.p.ro.vide-.ad.d.i.tiona.l information to the Court, ask the clerk for a Request for Hearing About Court Fee V1✓aiver Order (Superior Court) {\i'Jaiver or ronservat00 ) (Form FVv'-006-GC), l\Jotice on Hearing About Court Fees {Ward or Conservatee) {FW-008-GC) .and Order on Court Fee Waiver After Hearing {Superior Court) {Ward or Conservatee) {FW-008- GC).

If you want th e App ellat e Division of Superior Court or the Court of Appeal to revi~w an order of judgm ent against you and you want the court fees waived, ask for and follow the instruction on Information Sheet on Waiver of Appellate Court Fees, Supreme Court, Court of Appeal, Appellate Division (form App-015/FW-015- lnfo ).

IMPORTANT INFORMATION

• You are signing your request under penalty of perjury. Answer truthfu lly, accurately, and compl etely. *The Court may ask you for information and evidence. You may be ordered to go to court to answ er questio ns about your ability, or the ability of your ward or conse rvatee, to oay court fees and cost s and to provide proof of eligibility. Any initial fee waiver you or your ward or co nservatee are gra nted may be ended if you do not go to court when asked. You or your w ard's or conse rvat ee's estat e may be ord ered to repay amou nts that w ere waived if the court find s you w ere not eiigibie for the fee w aiver.

• If you receive a fee waiver, you must tell the court if there is a change in your finances, or the finances of your ward or conservatee. You must tell the court within five days if those finances improve or if you, or your ward or conservatee, become able to pay court fees or costs during this case. (file Notice to Court of Improved Financial Situation or Settlement (Ward or Conservatee) (form FW-010- GC) with the court.) You may be ordered to repay any amounts that were waived after your eligibility, or the eligibility of your ward or conservatee, came to an end.
• The court can collect fees and costs due to the court. If waived fees and costs are ordered paid to the trial court, or additional costs of collection to the other fees and costs owed to the court.
• The fee waiver ends. The fee waiver expires 60 days after the judgement, . dismissal, or other final disposition of the cases or earlier if a court finds that you or your ward or conservatee are not eligible for a fee waiver. See California Rule of Court, rule 7.5 {k) for information on the final disposition of that matter.
• If you are in jail or state prison. Prisoners may be required to pay the full cost of the filing fee in the trial court but may be allowed to do so over time. See Government Code section 68635.

All documents must be typed or printed legibly per local Rules of Court 2.104, in blue or black ink.

One original plus one copy of the Request to Waiver Court Fees (Ward or Conservatee) (form FW-001-GC)

One original plus two copies of the Order on court Fee Waiver (Superior Court) (Ward or Conservatee) (form FW- 003-GC) are required for filing.

Request to Waive Court Fees FW-001-GC CONFIDENTIAL (Ward or Conservatee) This form must be used by a guardian or conservator, or by a petitioner for Clerk stamps date here when form is filed. the appointment of a guardian or conservator, to request a waiver of court fees in the guardianship or conservatorship court proceeding or in any other civil action in which the guardian or conservator represents the interests of the ward or conservatee as a plaintiff or defendant. If the ward or conservatee (including a proposed ward or conservatee if a petition for appointment of a guardian or conservator has been filed but has not Fill in court name and street address: yet been decided by the court) directly receives public benefits or is supported Superior Court of California, County of by public benefits received by another for their support, is a low-income person, STANISLAUS or does not have enough income to pay for their household’s basic needs and 1100 I STREET the court fees, you may use this form to ask the court to waive the court fees. P.O. BOX 1098 The court may order you to answer questions about the finances of the ward or MODESTO, CA 95353 conservatee. If the court waives the fees, the ward or conservatee, their estate, or someone with a duty to support the ward or conservatee, may still have to pay later if: Fill in case number and name: You cannot give the court proof of the ward’s or conservatee’s eligibility, Case Number: The ward’s or conservatee’s financial situation improves during this case, or You settle the civil case on behalf of the ward or conservatee for $10,000 or more. The trial court that waives fees will have a lien on any such settlement in the amount of the waived fees and costs. The court may also charge the Case Name: ward or conservatee, or their estate, any collection costs.

1 Your Information (guardian or conservator, or person asking the court to appoint a guardian or conservator): Name: Phone: Street or mailing address: City: State: Zip:

2 Your Lawyer (if you have one): Name: Firm or Affiliation: State Bar No.: Address: Phone: City: State: Zip: E-mail:

a. The lawyer has agreed to advance all or a portion of court fees or costs (check one): Yes No b. (If yes, your lawyer must sign here.) Lawyer’s signature: If your lawyer is not providing legal-aid type services based on your or the ward’s or conservatee’s low income, you may have to go to a hearing to explain why you are asking the court to waive the fees.

3 Ward’s or Conservatee’s Information (file a separate Request for each ward in a multiward case): Name: Age and date of birth (ward only): Street or mailing address: City: State: Zip: Phone:

4 Ward's or Conservatee's Lawyer, if any: Name: Firm or Affiliation: State Bar No.: Address: Phone: City: State: Zip: E-mail:

5 Ward or Conservatee’s Job (job title; if not employed, so state): Name of employer: Employer's address: State: Zip:

Judicial Council of California, www.courts.ca.gov Request to Waive Court Fees FW-001-GC, Page 1 of 4 Rev. March 1, 2025, Mandatory Form Government Code, § 68633; (Ward or Conservatee) California Rules of Court, rules 3.51, 7.5

Name of (Proposed) Ward or Conservatee: Case Number:

6 What court’s fees or costs are you asking to be waived? Superior Court (See Information Sheet on Waiver of Superior Court Fees and Costs (form FW-001-INFO).) Supreme Court, Court of Appeal, or Appellate Division of Superior Court (See Information Sheet on Waiver of Appellate Court Fees (form APP-015/FW-015-INFO).) 7 Check here if you asked the court to waive court fees for this case in the last six months. (If your previous request is reasonably available, please attach it to this form and check here): 8 Why are you asking the court to waive the ward’s or conservatee’s court fees? a. The ward or one or both of the ward's parents, or the conservatee or the conservatee's spouse or registered domestic partner, receive (check all that apply): Supplemental Security Income (SSI) State Supplemental Payment (SSP) SNAP (Food Stamps) IHSS (In-Home Supportive Services) CalWORKS or Tribal TANF Medi-Cal County Relief/General Assistance CAPI (Cash Assistance Program for Aged, Blind, and Disabled) Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) Unemployment Compensation (Names and relationships to ward or conservatee of persons who receive the public benefits listed above):

b. The gross monthly income of the ward’s or conservatee’s household (before deductions for taxes) is less than
the amount listed below. (If you check 8b, you must fill out items 14, 15, and 16 on page 4 of this form.)*

Family Size Family Income Family Size Family Income Family Size Family Income
If more than 6 people
1 $2,608.33 3 $4,441.67 5 $6,275.00 at home, add $916.67
2 $3,525.00 4 $5,358.33 6 $7,191.67 for each extra person.

c. The ward’s or conservatee’s household does not have enough income to pay for its basic needs and the court
fees. I ask the court to (check one, and you must fill out items 14, 15, 16, 17, and 18 on page 4):*
(1) Waive all court fees and costs. (2) Waive some court fees and costs.
(3) Let the (proposed) guardian or conservator, on behalf of the (proposed) ward or conservatee, make
payments over time.

• (Do not include income of guardian or conservator living in the household in 8b or 8c or count them in family size in 8b. unless they are a parent of the ward or the spouse or registered domestic partner of the conservatee.)

  Guardians or petitioners for their appointment must complete items 9 and 10.

9 Ward’s Estate: Person only, no estate. Inventory or petition estimated value: Source (e.g., gift, inheritance, settlement, judgment, insurance): Est. collection date:

10 Ward’s Parents’ Information: a. Name of ward’s parent: Deceased (date of death): Street or mailing address: City: State: Zip: Phone: b. Name of ward’s parent: Deceased (date of death): Street or mailing address: City: State: Zip: Phone: c. Ward’s parents are (check all that apply): married living together separated divorced Support order for ward? No Yes Payable to (name): Payor (name): Court: Case Number: Date of order (if multiple, date of latest): Monthly amount:

Rev. March 1, 2025 Request to Waive Court Fees FW-001-GC, Page 2 of 4 (Ward or Conservatee)

Name of (Proposed) Ward or Conservatee: Case Number:

Conservators or petitioners for their appointment must complete items 11–13.

11 Conservatee’s Estate: Person only, no estate. Inventory or petition estimated value: Est. collection date:

12 Conservatee’s Spouse’s or Registered Domestic Partner’s Information: Name of conservatee’s spouse or registered domestic partner: Spouse Partner Date of marriage or partnership: Deceased (date of death): Street or mailing address: Phone: City: State: Zip: Name of employer (if none, so state): Employer’s address: State: Zip: The conservatee’s spouse or partner is is not managing, or following appointment of a conservator is planning to manage, some or all of the couple’s community property outside the conservatorship estate. If you selected “is” above: The income, money, and property shown on page 4 includes does not include the income and property managed, or expected to be managed, by the spouse/partner outside the estate. Divorced (date of final judgment or decree): Court: Case Number: Support order for conservatee? No Yes Date of support order (if multiple, date of latest): Monthly amount:

13 The Conservatee and Trusts: The conservatee: a. is is not a trustor or settlor of a trust. b. is is not a beneficiary of a trust. If you selected “Is” to complete any of the above statements, identify and provide, in an attachment to this Request, the current address and telephone number of the current trustee(s) of each trust, describe the general terms of and value of each trust and the nature and value of the conservatee’s interest in each trust, and the amount(s) and frequency of any distributions to or for the benefit of the conservatee prior to your appointment as conservator of which you are aware. (You may use Judicial Council form MC-025 for this purpose.)

All applicants who checked item 8b or item 8c on page 2 must continue to and follow the instructions for completion of items 14–16 or items 14–18 on page 4, before signing below.

The information I have provided on this form and all attachments about the (proposed) ward or conservatee is true and correct to the best of my information and belief. The information I have provided on this form and all attachments concerning myself is true and correct. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

Print your name here Sign here

Rev. March 1, 2025 Request to Waive Court Fees FW-001-GC, Page 3 of 4 (Ward or Conservatee)

Name of (Proposed) Ward or Conservatee: Case Number:

If you checked 8a on page 2, do not fill out below. If you checked 8b, you must answer questions 14–16. If you checked 8c, you must answer questions 14–18. If you need more space, attach form MC-025 or attach a sheet of paper, and write “Financial Information” and the ward’s or conservatee’s name and case number at the top.

14 Check here if the ward’s or conservatee’s income changes a lot 17 Ward’s or Conservatee’s Household's Money and Property from month to month. If it does, complete the form based on their a. Cash $ average income for the past 12 months. b. All financial accounts (list bank name and amount): 15 Ward’s or Conservatee’s Gross Monthly Income (1) $ a. List the source and amount of any income the ward or conservatee (2) $ gets each month, including: wages or other income from work (3) $ before deductions, spousal/child support, retirement, social security, c. Cars, boats, and other vehicles disability, unemployment, military basic allowance for quarters Fair Market How Much You (BAQ), veterans payments, dividends, interest, trust income, Make / Year Value Still Owe annuities, net business or rental income, reimbursement for job- related expenses, gambling or lottery winnings, etc. (1) $ $ (2) $ $ (1) $ (3) $ $ (2) $ (3) $ d. Real estate (4) $ Fair Market How Much You Address (5) $ Value Still Owe

b. Total monthly income: $ (1) $ $
(2) $ $

16 Ward’s or Conservatee’s Household's Income e. Other personal property (jewelry, furniture, furs, stocks, a. List the income of all other persons living in the ward’s or conservatee’s bonds, etc.): home who depend in whole or in part on them for support, or on whom Fair Market How Much You they depend in whole or in part for support. Describe Value Still Owe Name Age Relationship Gross Monthly Income (1) $ $ (1) $ (2) $ $ (2) $ (3) $ 18 Ward’s or Conservatee’s Household's Monthly (4) $ Deductions and Expenses (5) $ a. List any payroll deductions and the monthly amount below: (6) $ (1) $ (7) $ (2) $ (8) $ (3) $ (9) $ (4) $ (10) $ b. Rent or house payment and maintenance $ b. Total monthly income of persons above: $ c. Food and household supplies $ d. Utilities and telephone $ Total monthly income and e. Clothing $ household income (15b plus 16b): $ f. Laundry and cleaning $ g. Medical and dental expenses $ h. Insurance (life, health, accident, etc.) $ To list any other facts you want the court to know, such as the i. School, child care $ (proposed) ward’s or conservatee’s unusual medical expenses, j. Child, spousal support (another marriage) $ etc, attach form MC-025 or attach a sheet of paper and write k. Transportation, gas, auto repair and insurance $ “Financial Information” and the (proposed) ward’s or l. Installment payments (list each below): conservatee’s name and case number at the top. Paid to: Check here if you attach another page. (1) $ Important! If the ward’s or conservatee’s financial situation or (2) $ ability to pay court fees improves, you must notify the court (3) $ within five days on form FW-010-GC. m. Wages/earnings withheld by court order $ n. Any other monthly expenses (list each below). Do not include income of guardian or conservator living Paid to: How Much? in the household in item 16, their money and property in (1) $ item 17, or their deductions and expenses in item 18 (2) $ unless they are a parent of the ward or the spouse or (3) $ registered domestic partner of the

How Much?

in the household in item 16, their money and property in (1) $ item 17, or their deductions and expenses in item 18 (2) $ unless they are a parent of the ward or the spouse or (3) $ registered domestic partner of the conservatee. Total monthly expenses (add 18a –18n above): $

Rev. March 1, 2025 Request to Waive Court Fees FW-001-GC, Page 4 of 4 (Ward or Conservatee)

Order on Court Fee Waiver FW-003-GC Clerk stamps date here when form is filed. (Superior Court) (Ward or Conservatee)

1 (Proposed) guardian or conservator who asked the court to waive court fees for (proposed) ward or conservatee: Name: Street or mailing address: City: State: Zip: Telephone: 2 Lawyer, if person in 1 has one: Name: State Bar No: Firm or Affiliation: Street or mailing address: Fill in court name and street address: Superior Court of California, County of City: State: Zip: STANISLAUS E-mail: Telephone: 1100 I STREET P.O. BOX 1098 3 (Proposed) ward or conservatee: MODESTO, CA 95353 Name: Street or mailing address: City: State: Zip: Telephone: Fill in case number and name: 4 Lawyer for (proposed) ward or conservatee, if any: Case Number: Name: State Bar No: Firm or Affiliation: Case Name: Street or mailing address: City: State: Zip: E-mail: Telephone: 5 A request to waive court fees was filed on (date): The court made a previous fee waiver order in this case on (date): Read this form carefully. All checked boxes are court orders.

Notice: The court may order you to answer questions about the ward’s or conservatee’s finances after granting a waiver and may later order payment of the waived fees from his or her estate. If this happens and the fees are not paid, the court can also charge collection fees. The court may also direct you to make efforts to collect money to pay back waived fees from persons who owe a duty to support the ward or conservatee. If there is a change in the ward’s or conservatee’s financial circumstances during this case that increases his or her ability to pay fees and costs, you must notify the trial court within five days. (Use form FW-010-GC.) If this case is an action against another party and you win the case on behalf of the ward or conservatee, the trial court may order the other side to pay some or all of the waived fees. If you settle the matter for $10,000 or more, the trial court will have a lien on the settlement in the amount of the waived fees. The trial court may not dismiss the case until the lien is paid. The court may also have a lien against the ward’s or conservatee’s estate that must be paid before the estate is distributed, the guardianship or conservatorship proceeding is concluded, and you are discharged as guardian or conservator.

6 After reviewing your: Request to Waive Court Fees Request to Waive Additional Court Fees the court makes the following orders: a. The court grants your request concerning the ward's or conservatee's court fees and costs, as follows: (1) Fee Waiver. The court grants your request and waives the fees and costs listed below. (Cal. Rules of Court, rules 3.55 and 8.818.) You do not have to pay the court fees for the following: Filing papers in superior court Court fee for phone hearing Making copies and certifying copies Giving notice and certificates Sheriff ’s fee to give notice Sending papers to another court department (List continued on next page.) Judicial Council of California, www.courts.ca.gov Order on Court Fee Waiver FW-003-GC, Page 1 of 3 Revised September 1, 2019, Mandatory Form (Superior Court) (Ward or Conservatee) Government Code, §§ 68631,68634(e) Cal. Rules of Court, rules 3.52 and 7.5

Name of (Proposed) Ward or Conservatee: Case Number:

6 a. (1) Reporter’s fee for attendance at hearing or trial, if you request that the court provide an official reporter Assessment for court investigations under Probate Code section 1513, 1826, or 1851 Preparing, certifying, copying, and sending the clerk’s transcript on appeal Holding in trust the deposit for a reporter’s transcript on appeal under rule 8.130 or 8.834 Making a transcript or copy of an official electronic recording under rule 8.835

(2) Additional Fee Waiver. The court grants your request and waives the additional superior court fees and
costs that are checked below. (Cal. Rules of Court, rule 3.56.) You do not have to pay for the checked
items.
Jury fees and expenses Fees for a peace officer to testify in court
Fees for court-appointed experts Court-appointed interpreter fees for a witness
Other (specify):
b. The court denies your fee waiver request, as follows:

Warning! If you miss the deadline below, the court cannot process your request for hearing or the court papers
you filed with your original request. If the papers were a notice of appeal, the appeal may be dismissed.

(1) The court denies your request because it is incomplete. You have 10 days after the clerk gives notice of
this order (see date of service on next page) to:
Pay the ward’s or conservatee’s fees and costs, or
File a new revised request that includes the items listed: Below On Attachment 6b(1)

(2) The court denies your request because the information you provided on the request shows that the ward
or conservatee is not eligible for the fee waiver for the reasons specified:
Below On Attachment 6b(2)

The court has enclosed a blank Request for Hearing About Court Fee Waiver Order (Ward or
Conservatee)(Superior Court) (form FW-006-GC). You have 10 days after the clerk gives notice of this
order (see date of service on next page) to:

Pay the fees and costs in full or the amount listed in c below, or
Ask for a hearing in order to show the court more information. (Use form FW-006-GC to request
hearing.)

c. (1) The court needs more information to decide whether to grant your request. You must go to court on the
date on page 3. The hearing will be about questions regarding your eligibility specified:
Below On Attachment 6c(1)

(2) Bring the items of proof to support your request, if reasonably available, that are listed:
Below On Attachment 6c(2)

Revised September 1, 2019 Order on Court Fee Waiver FW-003-GC, Page 2 of 3 (Superior Court) (Ward or Conservatee)

Name of (Proposed) Ward or Conservatee: Case Number:

Warning! If item c is checked, and you do not go to court on your hearing date, the judge will deny your request to waive court fees, and you will have 10 days to pay the ward’s or conservatee’s fees. If you miss that deadline, the court cannot process the court papers you filed with your request. If the papers were a notice of appeal, the appeal may be dismissed.

NOTE TO GUARDIAN or CONSERVATOR: If there are unpaid court fees after a denial of a request for a fee waiver, your case—including the guardianship or conservatorship proceeding if the waiver is requested in that matter— might not go forward. After a denial, you may choose to advance the court costs yourself to ensure that the case proceeds. If you or another person is appointed as guardian or conservator, you would have an opportunity to be reimbursed for such advances from the assets of the guardianship or conservatorship estate, if any, as allowable expenses of administration. You might also have the right to reimbursement for advanced court costs from persons with an obligation to support the ward or conservatee from assets not part of his or her estate, such as a parent of the ward, the spouse or registered domestic partner of the conservatee who is managing the couple’s community property outside the conservatorship estate, or the trustee of a trust of which the conservatee is a beneficiary.

Name and address of court if different from above:
Date: Time: Hearing
Date Dept.: Room:

Date: Signature of (check one): Judicial Officer Clerk, Deputy

Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least 5 days before your hearing. Contact the clerk’s office for Request for Accommodation, Form MC-410. (Civil Code, § 54.8.)

Clerk's Certificate of Service

I certify that I am not involved in this case and (check one):

I handed a copy of this Order to the party and attorney, if any, listed in 1 and 2 , at the court, on the date below.
This order was mailed first class, postage paid, to the party and attorney, if any, at the addresses listed in 1 and 2 ,
from (city): , California on the date below.
A certificate of mailing is attached.

Date:

Clerk, by , Deputy
Name:

This is a Court Order.

Revised September 1, 2019 Order on Court Fee Waiver FW-003-GC, Page 3 of 3 (Superior Court) (Ward or Conservatee)