GC-361 Notice of Intent to Register Conservatorship

Source: https://www.courts.ca.gov/documents/gc361.pdf

GC-361 CALIFORNIA ATTORNEY OR INTENDED REGISTRANT WITHOUT CALIFORNIA ATTORNEY: STATE BAR NUMBER: NAME: FIRM NAME: STREET ADDRESS:

CITY: STATE: ZIP: TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (name):

CONSERVATORSHIP OF THE PERSON ESTATE OF

(Name):

CONSERVATEE

NOTICE OF INTENT TO REGISTER CONSERVATORSHIP*
(California Conservatorship Jurisdiction Act)

JURISDICTION WHERE CONSERVATORSHIP OR ADULT GUARDIANSHIP CASE FILED:

COURT: DEPT.: CASE NUMBER:

TITLE OF PROCEEDING:

1. NOTICE is given that (name): (specify fiduciary or representative capacity): intends to register the conservatorship proceeding identified above with the following California superior court: Superior Court, County of , on or after (specify date**): .

2. NOTICE is further given that: a. A conservator in a conservatorship registered in California under the California Conservatorship Jurisdiction Act (chapter 8 of part 3 of division 4 of the Probate Code, commencing with section 1980) taking an action under the Act is fully subject to the law of California governing the action, including all applicable court procedures concerning the action, and is not authorized to take any action prohibited by that law. b. If a conservator in a conservatorship registered in California under the Act proposes to take a specific action that requires court approval or other action in court under California law, the conservator will be required to notify any person entitled to receive a copy of this Notice of the request for court approval or other court action. The person notified will have an opportunity to object or otherwise participate in the court proceeding at that time, in the same manner as other persons are entitled to object or otherwise participate under the law of California. c. Information about a conservator's rights, duties, limitations, and responsibilities under California law may be found in a publication titled Handbook for Conservators, which is posted on the Judicial Council of California's website at: www.courts.ca.gov/documents/handbook.pdf. d. Except in the case of a conservatorship filed in and supervised by the court of a California Indian tribe with jurisdiction, registration of a conservatorship in California is effective only while the conservatee resides outside California and does not authorize the conservator to take any action while the conservatee resides in California.

• Prepare and serve (deliver) a separate Notice of Intent to Register Conservatorship for each court in which you intend to register this conservatorship. ** The date of registration must be 15 or more days after this notice is mailed or personally delivered (Prob. Code, § 2014(a)) . Page 1 of 4

Form Adopted for Mandatory Judicial Council of California Use NOTICE OF INTENT TO REGISTER CONSERVATORSHIP Probatewww.courts.ca.govCode, § 2014; GC-361 [New January 1, 2016] (Probate—Guardianships and Conservatorships)

GC-361 CONSERVATORSHIP OF THE PERSON ESTATE OF

(Name):

CONSERVATEE

INSTRUCTIONS FOR DELIVERY OR SERVICE OF NOTICE OF INTENT TO REGISTER

A copy of this Notice of Intent to Register Conservatorship must be delivered, at least 15 days before registration of the conservatorship in California, to (1) the court that is supervising the conservatorship or guardianship proceeding in the state or other jurisdiction other than California shown on the first page of this form; (2) each person who has the right under the law of that jurisdiction to notice of the date, time, and place of a court hearing on a petition for the appointment of a guardian of an adult or a conservator; and (3) each person who would be entitled to notice of the date, time, and place of a court hearing on a petition for the appointment of a conservator in California (see Prob. Code §§ 1821–1824). These copies may be delivered by mail. However, copies of this Notice may be personally delivered instead of mailed. The registrant (the person who intends to register the conservatorship in California) must show the court that copies of this Notice have been delivered in compliance with applicable law. The registrant does this by performing the delivery and completing and signing a proof of delivery. The Notice is then combined with certified copies of the conservatorship appointment order, Letters of Conservatorship or other letters of office, any surety bond, and the original signed Conservatorship Registration Cover Sheet and Attestation of Conservatee's Nonresidence in California (form GC-360) for filing in the California court selected for registration (see Prob. Code §§ 2011–2013).

Pages 2–4 of this form contain a proof of delivery that may be used only to show delivery by mail. To show personal delivery, each person who performs the delivery must complete and sign a proof of personal delivery or service, and each signed copy of that proof must be attached to this Notice when it is delivered to the court to complete registration. You may use form number POS-020(P) to show personal delivery of this Notice. A fillable copy of that form (and all other forms, listed by their form numbers) may be found on the Judicial Council's Internet website, at www.courts.ca.gov/formnumber.htm. PROOF OF DELIVERY BY MAIL

1. I am over the age of 18 years. I am a resident of or employed in the county where the mailing occurred.

2. My residence or business address is (specify):

3. I delivered the foregoing Notice of Intent to Register Conservatorship on each person named below by enclosing a copy in an envelope addressed as shown below AND a. depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4 with the postage fully prepaid.

b. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

4. a. Date mailed: b. Place mailed (city, state): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

   (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)
   NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED

Name and Relationship to Conservatee Address (number, street, city, state, and zip code)

1. Appointing or Supervising Court

2. Conservatee or Ward

GC-361 [New January 1, 2016] NOTICE OF INTENT TO REGISTER CONSERVATORSHIP Page 2 of 4 (Probate—Guardianships and Conservatorships)

GC-361 CONSERVATORSHIP OF THE PERSON ESTATE OF

(Name):

CONSERVATEE

NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED

Name and Relationship to Conservatee Address (number, street, city, state, and zip code)

3. Persons Entitled to Notice of Hearing of Petition for Appointment of Conservator or Guardian in Appointing Court

   Additional persons listed on Attachment 3 (you may use form POS-30(P) for this purpose).

GC-361 [New January 1, 2016] NOTICE OF INTENT TO REGISTER CONSERVATORSHIP Page 3 of 4 (Probate—Guardianships and Conservatorships)

GC-361 CONSERVATORSHIP OF THE PERSON ESTATE OF

(Name):

CONSERVATEE

NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED

Name and Relationship to Conservatee Address (number, street, city, state, and zip code) 4. Persons Entitled to Notice of Hearing of Petition for Appointment of Conservator in California (Prob. Code, §§ 1821–1824)*

Additional persons listed on Attachment 4 (you may use form POS-30(P) for this purpose).

• You do not need to repeat names, relationships to Conservatee, and addresses of persons listed in item 3.

GC-361 [New January 1, 2016] NOTICE OF INTENT TO REGISTER CONSERVATORSHIP Page 4 of 4 (Probate—Guardianships and Conservatorships)

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