Probate Court Conservatorship

Step 1	Fill out your forms. You can download the forms by clicking on the form number below. Or, get them from a stationery store, bookstore, or the Self Service Center. The state forms are also on the Judicial Council website: www.Courtinfo.ca.gov/forms. Tip: Choose "Probate-Guardianships and Conservatorships" from the drop-down menu. Fill out the state forms listed below: GC-310 Petition for Appointment of Probate Conservator GC-020 Notice of Hearing GC-312 Confidential Supplemental Information GC-320 Citation for Conservatorship GC-348 Duties of Conservator GC-314 Confidential Conservator Screening GC-340 Order Appointing Conservator GC-350 Letters of Conservatorship There are 2 local forms you must fill out: PB-4002 Referral for Court Investigator & Questionnaire – Conservatorship PB-4003 Document Cover Sheet Additional forms you need to fill out: If you are asking for a conservatorship of the* person only (not the estate)* you must have a physician or licensed psychologist fill out a Capacity Declaration - Conservatorship GC-335 form. If you are asking for a conservatorship of the estate only (not the person), you must either: Have a physician or licensed psychologist fill out a Capacity Declaration - Conservatorship GC-335 form and the local form PB 4015 Professional Declarant's Attachment to Form GC-335 or Fill out local form PB 4016 LayPerson's Declaration Re: Legal Capacity yourself. Important: Be sure to read the instruction sheet "Instructions to Counsel and Declarants for Completing GC-335, GC-335A, and Conservatorship of Estate Attachments G(1) and G(2)" (included with both PB 4015 and PB 4016). If you are asking for conservatorship of the person AND the estate, you must have a physician or licensed psychologist fill out a Capacity Declaration - Conservatorship GC-335 form and the local form PB 4015 Professional Declarant's Attachment to Form GC-335. Be sure to read the instruction sheet included with the form. (See Probate Local Rule 11) If you or the proposed conservatee cannot afford to pay the court fees, fill out these forms, too: FW-001 Application for Waiver of Court Fees and Costs FW-003 Order on Application for Waiver of Court Fees and Costs If there is an urgent need to establish a conservatorship, fill out these temporary conservatorship forms: GC-110 Petition for Appointment of Temporary Conservator GC-140 Order Appointing Temporary Conservator GC-150 Letters of Temporary Conservatorship There are special rules for temporary conservators. See Probate Code Section 2253. Read Probate Local Rule 11 so you can fill out your forms correctly. Otherwise, you will have to correct them and file again.
Step 2	Gather the information you will need to fill out your forms. You will need the proposed conservatee’s: full name; address; date of birth; social security number; doctor’s name, address, phone and fax numbers; and medical record number. If you are asking for a conservatorship of the person, Describe the person's mental or physical health. Say why you feel there is a need for a conservatorship. If you are asking for a conservatorship of the estate, Describe how the person cannot manage his/her finances or is easily influenced. Give examples of things that have happened and name other people who know about these problems. List the person’s assets in as much detail as you can (bank accounts, brokerage accounts, stocks, Savings Bonds, cars, boats, real property, etc). The Court wants to know about how much the assets are worth and how much income the proposed conservatee gets each month. You do not have to do this if you are married to the proposed conservatee and your assets are community property. Probate Code Section 3051
Step 3	File your forms Make 2 copies of all your forms, including the Proof of Service, and take them to the Probate Clerk’s Office at: Probate Clerk’s Office, Room 104, Downtown Superior Court (DTS) Click for DTS address, phone and business hours. Closed court holidays. The clerk will ask you to pay a filing fee. (Click for probate filing fee schedule.) S/he will stamp your originals and both sets of copies. The clerk will send one set of the copies to the Court Investigation Unit. They will investigate your case and make a recommendation to the Court before your hearing. The other set of copies is for your records.
Step 4	Serve your forms You must “give notice by mail” to certain people including: grandparents, parents, brothers and sisters, children, grandchildren, and spouse. This means someone over 18 – not you – must serve (give) copies of the court forms to those people at least 15 days before the hearing. That way, they will know you are asking to be the conservator. You must do this even if you think those people don’t care or may disagree with you. Someone over 18—not you—must also “give personal notice” to the proposed conservatee. You can have a friend or family member do this, or you can hire a professional process server. The server must serve copies of these forms: Notice of Hearing Petition for Appointment of Conservator If you want to, you can also include a copy of the: Capacity Declaration There are rules for giving notice. You must follow them carefully or you may have to go back to Court. The person who serves the forms by mail must fill out and sign page 2 of GC-020, then give it back to you. This is your Proof of Service. Make copies of both pages of this form and file it with the clerk with your other papers. If you have questions about how to serve your forms, talk to a probate examiner, the probate staff attorney at the court, or contact the court’s Self Service Center.
Step 5	Get a hearing date and a case number The clerk can give you a date for the conservatorship hearing about 10 weeks after you file your forms. (It takes the Court Investigation Unit at least 10 weeks to investigate your case.) To ask for a hearing date, call the clerk at Downtown Superior Court (408) 882-2100 extension 2649 The clerk will give you a case number at the same time. If your situation is urgent, fill out the forms to apply for a temporary conservatorship. (See Step 1).
Step 6	If you haven’t done so already, file form GC-340, your proposed Order Appointing Conservator. File it at least 4 days before your hearing. You can mail it to the clerk or file it at the Probate Clerk’s Office. If you haven’t done so already, fill out form GC-350, Letters of Conservatorship. You can take this form to the hearing.
Step 7	Go to the hearing The time and date of your hearing are listed on GC-020, #4. You must get to Court by 12:40 because you have to see a video before your hearing. Allow plenty of time to go through the security screening and locate the courtroom where the video will be shown. There will be signs by the elevators. After the video, you will be told to go to another courtroom. Go in and find a seat. Be sure to take the pink slip with you to prove you saw the video. You will need this pink slip when you go to Court to get Letters of Conservatorship. Look at the door outside the courtroom to know when your case will be called. Sit in the courtroom and wait for the clerk to call your case. Watch the other cases so you will know what to do. When the clerk calls your case, step forward with the proposed conservatee (if s/he can be there). The judge may ask you some questions. It will only take a few minutes. If the judge approves the conservatorship, the clerk will give you a signed Order.
Step 8	After the hearing Take the signed Order to the Probate Clerk’s Office downstairs. Also give the clerk: the pink slip [showing you saw the video], the yellow slip [showing you bought the Handbook for Conservators and the Supplemental Resource Folder], and if you need a bond, file the bond with the clerk. The clerk will give you a filed copy of your Letters of Conservatorship.
Step 9	Your responsibilities as conservator If you are conservator of the person, you must take care of the conservatee’s food, clothing, shelter, and well-being. If you are conservator of the estate, you must: manage and protect the conservatee’s assets, make a list of all assets, collect the conservatee’s income, and pay the conservatee’s bills. You have many other responsibilities, too. To learn more, talk to a lawyer. Or, read the Handbook for Conservators that you bought from the clerk. You can also click here to download the Santa Clara County Supplement to the Handbook from this website . It has practical information and lists resources in our county.