GC-330 Order Appointing Court Investigator

Source: https://www.courts.ca.gov/documents/gc330.pdf

GC-330 FOR PREPARATION BY THE COURT ONLY FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

CONSERVATORSHIP OF THE PERSON ESTATE of (name): CONSERVATEE PROPOSED CONSERVATEE ORDER APPOINTING COURT INVESTIGATOR CASE NUMBER: Conservatorship Limited Conservatorship

To (name): You are hereby appointed court investigator in the matter above.

1. A Petition for Appointment of a Probate Conservator (form GC-310) has been filed. YOU ARE DIRECTED TO:

   a. Interview the proposed conservatee personally.

   b. Conduct the other interviews required by Probate Code section 1826(a)(1).*

   c. Provide to the proposed conservatee all the information required by Probate Code section 1826(a)(2).

   d. Determine whether it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend.

   e. Make all determinations required by Probate Code section 1826(a)(4)–(8).

   f. Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process. The proposed conservatee may not be disqualified from voting unless the court makes the determination above and appoints a conservator.

   g. Gather and review relevant medical reports regarding the proposed conservatee from the proposed conservatee's primary care physician and other relevant mental and physical health providers. Place all confidential medical information or confidential information obtained from the California Law Enforcement Telecommunications System (CLETS) that is included in or attached to your report into a separate, confidential attachment.*

   h. Report to the court in writing at least five days before the hearing concerning all of the foregoing, including the proposed conservatee's express communications concerning (1) representation by legal counsel, and (2) if the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.

   i. Deliver a copy of your report—omitting any attachment containing confidential medical information or confidential information
   from CLETS—to all persons listed in Probate Code section 1826(a)(13) in any manner permitted by Probate Code section 1215,
   at least five days before the date set for hearing,
   (1) except for the persons listed in Attachment 1i(1), because the court has determined that delivery to those persons will
   harm the proposed conservatee;
   (2) and to the persons listed in Attachment 1i(2) (specify names and addresses in the attachment).

   j. Comply with the other orders specified in Attachment 1j.

• You are required to perform an activity marked with an asterisk only if the box is checked or the Legislature has made an appropriation identified for that purpose.

Form Approved for Optional Use Probate Code, §§ 1454, 1826, Judicial Council of California GC-330 [Rev. January 1, 2023] ORDER APPOINTING COURT INVESTIGATOR Cal. Rules of1894,Court,2250.6,rule 7.10602253; www.courts.ca.gov

GC-330 CONSERVATORSHIP OF THE PERSON ESTATE CASE NUMBER: of (name): CONSERVATEE PROPOSED CONSERVATEE

2. A Petition for Appointment of Temporary Conservator (form GC-111) has been filed. YOU ARE DIRECTED TO:

   a. Conduct the interviews required by Probate Code section 2250.6(a)(1) before the hearing on the petition or, if that is not feasible, conduct the interviews required by section 2250.6(b)(1) within two court days after the hearing. In either case, interview the temporary conservatee or proposed temporary conservatee personally.* b. Provide to the temporary conservatee or proposed temporary conservatee the information in Probate Code section 2250.6(a)(2) before the hearing or, if that is not feasible, the information in section 2250.6(b)(2) within two court days after the hearing.* c. Make the determinations required by Probate Code section 2250.6(a)(3)–(5) before the hearing on the petition unless it is not feasible to do so.* d. Report to the court in writing before the hearing on the petition concerning all of the activities discussed in item 2a–c, above, that you are able to complete before the hearing.* e. If you cannot visit the temporary conservatee until after the hearing at which a temporary conservator was appointed, and the temporary conservatee objects to the appointment of the temporary conservator or requests an attorney, report this information to the court promptly and in no event more than three court days after the date of your visit with the temporary conservatee.* f. If it appears to you that the temporary conservatorship is inappropriate, report this determination in writing to the court immediately, and in no event more than two court days after you make the determination.*

3. The temporary conservator has requested an order under Probate Code section 2253 to change the residence of the temporary conservatee. YOU ARE DIRECTED TO:

   a. Personally interview and inform the temporary conservatee of the contents of the request by the temporary conservator for authority to change the temporary conservatee's residence; of the nature, purpose, and effect of the proceedings; and of the right to oppose the request, attend the hearing, and be represented by legal counsel. b. Make the determinations required by Probate Code section 2253(b)(3)–(7). c. Gather and review relevant medical reports regarding the proposed conservatee from the proposed conservatee's primary care physician and other relevant mental and physical health care providers. Place all confidential medical information or confidential information obtained from the California Law Enforcement Telecommunications System (CLETS) that is included in or attached to your report into a separate, confidential attachment.* d. At least two days before the hearing on the request, report your findings concerning the foregoing in writing to the court. Include in your report the temporary conservatee's express communications concerning representation by legal counsel and whether the temporary conservatee is not willing to attend the hearing and does not wish to contest the request. e. Comply with the other orders specified in Attachment 3e.

4. A request for exclusive authority to give consent for medical treatment under Probate Code section 1880 has been included in the petition for appointment on form GC-310 or filed as a separate petition on form GC-380.

   The petition alleges that the conservatee or proposed conservatee is not willing to attend the hearing, or the court has received an affidavit or certificate attesting to the medical inability of the conservatee or proposed conservatee to attend the hearing. YOU ARE DIRECTED TO: a. Interview the conservatee or proposed conservatee personally and inform the conservatee or proposed conservatee of the contents of the petition; of the nature, purpose, and effect of the proceeding; and of the right to oppose the petition, attend the hearing, and be represented by legal counsel. b. Make the determinations required by Probate Code section 1894(c)–(f). c. At least five days before the hearing on the petition, report your findings concerning the foregoing in writing to the court, and include in your report the conservatee's express communications concerning representation by legal counsel and whether the conservatee is not willing to attend the hearing and does not wish to contest the petition. d. Comply with the other orders specified in Attachment 4d.

• You are required to perform an activity marked with an asterisk only if the box is checked or the Legislature has made an appropriation identified for that purpose.

5. Number of pages attached:

Date: JUDICIAL OFFICER SIGNATURE FOLLOWS LAST ATTACHMENT

GC-330 [Rev. January 1, 2023] Page 2 of 2 ORDER APPOINTING COURT INVESTIGATOR

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