Santa Clara — Requesting a General Conservatorship Instructions

Source: https://santaclara.courts.ca.gov/system/files/self-help/request-general-conservatorship-instructions_rem.pdf

Request a General Conservatorship NOT for Developmental Disabilities and NOT for Emergency Orders

in blue or black ink:Step 1 Complete the following forms

GC-310 Petition for Appointment of Probate Conservator of the Person GC-313 Attachment Requesting Special Orders Regarding Dementia GC-020 Notice of Hearing for Conservatorship GC-320 Citation for Conservatorship GC-341 Notice of Conservatee’s Rights GC-341(MA) Attachment to Notice of Conservatee’s Rights GC-312 Confidential Supplemental Information GC-314 Confidential Conservator Screening Form (One for each Proposed Conservator) GC-348 Duties of Conservator GC-335 Capacity Declaration (To be filled out by the Doctor) GC-335A Dementia Attachment to Capacity Declaration – Conservatorship PB-4002 Referral for Court Investigator – Conservatorship (Attach a colored photo of Conservatee) GC-340 Order Appointing Probate Conservator of the Person GC- 350 Letters of Conservatorship FW-001 Application for Waiver of Court Fees and Costs FW-002 Application for Waiver of Additional Court Fees and Costs FW-003 Order an Application for Waiver of Court Fees

Step 2 Copies: Make 2 copies, in addition to the original. Step 3 File: Turn in the original and copies to the clerk’s office located at: 191 North First Street, San Jose, CA 95113 Filing fee is They open at 8:30am Monday-Friday, closing times are subject to change, visit www.scscourt.org or call 408-882-2100 for current office hours. $435.00 + If you are not asking for a fee waiver, you will pay the filing fee and get filed-stamped $900.00 copies back when you file. unless the If you are asking for a fee waiver, your file-stamped copies may be returned fee is immediately, OR you may be asked to return in up to 24 hours, OR your file-stamped waived. forms may be mailed to you. Please check with the clerk who takes your forms. Step 4 Personal Service: After the filed copies are returned to you, have an adult, not you, hand-deliver a filed copy of the following forms to the person you are trying to conserve at least 15 days before your first court date.: 1 Filed Copy of (GC-310) Petition for Appointment of Probate Conservator 1 Filed Copy of (GC-020) Notice of Hearing for Conservatorship 1 Filed Copy of (GC-320) Citation for Conservatorship Whoever serves the papers must complete and sign the second page of the Citation of Conservatorship. This must be filed at least 5 days before the court date

Step 5 Mail Service: Have an adult, not you, mail a filed copy of the following forms to the people related to the person you are trying to conserve: 1 Filed Copy of (GC-310) Petition for Appointment of Probate Conservator 1 Filed Copy of (GC-020) Notice of Hearing for Conservatorship The law says that you must serve the following people by MAIL: all grandparents Parents any brothers/sisters 12 or older Spouse/Domestic Partner IF there are no grandparents, parents, children or grandchildren, THEN you must serve the following people by MAIL: any aunts and uncles any nieces and nephews 12 or older Spouse/Domestic Partner of a predeceased parent of the conservatee Children of a predeceased Spouse/Domestic Partner 12 or older Whoever serves the papers must complete & sign the second page of the Notice of Hearing form. This must be filed with the court at least 5 days before the hearing. Step 6 What happens next: Go to all court hearings and bring a copy of all the papers in your case and bring any papers which help to prove the information in your Petition. Step 7 Mail Service: If the court grants the conservatorship, serve the following forms: 1 Filed Copy of (GC-341) Notice of Conservatee’s Rights 1 Filed Copy of (GC-340) Order Appointing Probate Conservator with Judge’s signature The law says that you must serve a copy of the above forms to the following people by mail within 30 days of the court issuing the Order Appointing Probate Conservator: the conservatee all grandparents any brothers/sisters 12 or older Parents Spouse/Domestic Partner any grandchildren 12 or older IF there are no grandparents, parents, children or grandchildren, THEN you must serve the following people by mail: Any aunts and uncles Any nieces and nephews 12 or older Spouse/Domestic Partner of a predeceased parent of the conservatee Children of a predeceased Spouse/Domestic Partner 12 or older Whoever serves the papers must complete & sign the PROOF OF MAILING on page 3 of the form. The PROOF OF MAILING must be filed with the court. HOW CAN I GET HELP? Here are some ways to get help: • Go to http://www.calbar.ca.gov/Public, then click on “Lawyer Referral services” to hire or consult with a private attorney. • For free legal advice and information, see our “Do-It-Yourself Resources” flyer. Go to www.scscourt.org, click on “Self-Help” then “Self-Help Flyers”. • The Self-Help Center/Family Law Facilitator – See our information flyer: o Contact us: Go to www.scscourt.org then click “Contact the Self-Help Center”. o Obtain Forms: Go to www.scscourt.org then click “Complete Forms at Home” o Form Review: Email your forms as a PDF file to SHCDocReview@scscourt.org. o Note: We cannot help people who have attorneys. Superior Court, County of Santa Clara Self-Help Center/Family Law Facilitator’s Office 201 N. First Street, San Jose, CA 95113 408-882-2926