Order Appointing Court Investigator (Review And Successor Conservator Investigations) {GC-331}

GC-331 FOR PREPARATION BY THE COURT ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FOR COURT USE ONLY CONSERVATORSHIP OF THE PERSON ESTATE CONSERVATEE of (name): ORDER APPOINTING COURT INVESTIGATOR (Review and Successor Conservator Investigations)* Conservatorship To (name): You are hereby appointed Court Investigator in the matter entitled above. 1. Review investigation YOU ARE DIRECTED TO: Without prior notice to the conservator a. Limited Conservatorship CASE NUMBER: With prior notice to the conservator because of necessity or to prevent harm to the conservatee visit and personally inform the conservatee that he or she is under a conservatorship and give the name of the conservator to the conservatee. b. Make the determinations required by Probate Code section 1851(a)(1)(A)-(C), including whether the conservator is acting in the best interests of the conservatee. This last determination must include an examination of the conservatee's placement; the quality of care, including physical and mental treatment; and the conservatee's finances and must include, to the greatest extent possible, interviews with the conservator, the conservatee's spouse or registered domestic partner and relatives within the first degree, or, if none, the conservatee's relatives within the second degree. c. A person is presumed competent to vote regardless of his or her conservatorship status. In determining whether this presumption is overcome, you must determine if the conservatee is now incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and therefore may be disqualified from voting pursuant to Section 2208 of the Elections Code; or if previously was found incapable of communicating that desire, continues to be incapable of doing so, with or without accommodations. The conservatee may not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration: (1) signs the affidavit of voter registration with a mark or a cross (Elections Code section 2150(b)); (2) signs the affidavit of voter registration by means of a signature stamp (Elections Code section 354.5); (3) completes the affidavit of voter registration with the assistance of another person (Elections Code section 2150(d)); or (4) completes the affidavit of voter registration with reasonable accommodations. The court has made an order or orders under (select all that apply): Probate Code section 1873 (authority of conservatee to enter into transactions) Probate Code section 1880 (conservatee's capacity to give informed consent to medical treatment) Probate Code section 1901 (conservatee's capacity to marry). Determine whether the present condition of the conservatee is such that the terms of the court order or orders identified above should be modified or the order or orders revoked. To the extent practicable, review the conservator's accounting with the conservatee if he or she has sufficient capacity. Inform the court immediately if you are unable at any time to locate the conservatee. d. e. f. * This form is for ordering review investigations and reports under Probate Code sections 1850 and 1851 or investigations and reports concerning appointment of a successor conservator under Probate Code section 2684 or 2686. The Order Appointing Court Investigator (form GC-330) may be used to order initial and other investigations and reports under Probate Code sections 1826, 1894, 2250.6, and 2253. The Order Setting Biennial Review Investigation and Directing Status Report Before Review (form GC-332) may be used to order a biennial review investigation and status report under Probate Code section 1850(a)(2)). See Cal. Rules of Court, rule 7.1060. Page 1 of 3 Form Approved for Optional Use Judicial Council of California GC-331 [Rev. July 1, 2016] ORDER APPOINTING COURT INVESTIGATOR (Review and Successor Conservator Investigations) (Probate--Guardianships and Conservatorships) Probate Code, §§ 1454, 1850, 1851, 1873, 1880,1901, 2356.5, 2684, 2686; Cal. Rules of Court, rule 7.1060 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com GC-331 CONSERVATORSHIP OF THE PERSON ESTATE CONSERVATEE CASE NUMBER: of (name): 1. g. (If the conservator is authorized to act under Probate Code section 2356.5­dementia treatment or placement) Advise the conservatee specifically that he or she has the right to object to the conservator's powers granted under section 2356.5. Determine whether the conservatee objects to the conservator's powers under section 2356.5, whether the powers granted under section 2356.5 are warranted, and whether some change in those powers is warranted. (For limited conservatorship only) Make a recommendation regarding the continuation or termination of the limited conservatorship. (For conservatorships existing on December 31, 1980, in which the conservatee has not been adjudged incompetent) Determine whether an order should be made under Probate Code section 1873 broadening the capacity of the conservatee. Certify in writing to the court your determinations and findings, including a statement of the facts on which the findings are based, not less than 15 days before the date of review under Probate Code section 1850. Do not disclose confidential medical information or confidential criminal history information from the California Law Enforcement Telecommunications System (CLETS) in the body of your report. Place all such information in one or more separate attachments to the report. At the same time your report is certified to the court, mail copies to the conservator and to the attorneys of record for the conservator and the conservatee. Mail copies of your report, modified by deletion of all attachments containing confidential medical information and confidential information from CLETS, to the conservatee's spouse or registered domestic partner and relatives within the first degree or, if there are no such relatives, to the conservatee's next closest relative. Mail copies of your report, modified by deletion of all attachments containing confidential medical information and confidential information from CLETS, to the conservatee's spouse or registered domestic partner and relatives within the first degree or, if there are no such relatives, to the conservatee's next closest relative except the person or persons named in A