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Order Appointing Court Investigator (Probate-Guardianship And Conservatorships) GC-330 - California
| Order Appointing Court Investigator (Probate-Guardianship And Conservatorships) Form. This is a California form and can be used in Probate Guardianship-Conservatorship Judicial Council . |
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GC-330 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CONSERVATORSHIP OF THE (Name): PERSON CONSERVATEE ESTATE OF PROPOSED CONSERVATEE CASE NUMBER: ORDER APPOINTING COURT INVESTIGATOR Conservatorship TO (name): You are hereby appointed Court Investigator in the matter entitled above. 1. Limited Conservatorship Before the appointment of a general conservator YOU ARE DIRECTED TO: a. Conduct the interviews required by Probate Code section 1826(a). Interview the proposed conservatee personally. b. Provide to the proposed conservatee the information required by Probate Code section 1826(b). c. Determine whether it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether he or she is willing to attend. d. Make the determinations required by Probate Code sections 1826(d)(j). In making those determinations, review the allegations of the Petition for Appointment of Probate Conservator (form GC-310) as to why the appointment of a conservator is required and refer to the Confidential Supplemental Information (form GC-312) submitted by the petitioner. Consider the facts shown in the latter form that address each of the categories specified in Probate Code section 1821(a)(1)(5) and consider, to the extent practicable, whether you believe the proposed conservatee suffers from any of the mental function deficits listed in Probate Code section 811(a) that significantly impairs his or her ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in Probate Code section 1801(a) (if a conservator of the person is sought) or section 1801(b) (if a conservator of the estate is sought). If you believe the proposed conservatee suffers from one or more mental function deficits listed in Probate Code section 811(a), identify all observations that support your belief. e. 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) whether he or she 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. f. Mail, at least five days before the date set for hearing, a copy of your report (1) to all persons listed in Probate Code section 1826(l) except for the persons listed in attachment 1f(1) because the court has determined that mailing to those persons will result in harm to the proposed conservatee; and (2) to the other persons ordered by the court listed in Attachment 1f(2) (specify names and addresses in the attachment). g. Comply with the other orders specified in Attachment 1g. 2. On the filing of a Petition for Appointment of Temporary Conservator YOU ARE DIRECTED TO: a. To the extent feasible, before the hearing on the petition or, if not feasible, within two court days after the hearing, conduct the interviews required by Probate Code section 2250.6(a)(1) (prehearing) or 2250.6(b)(1) (posthearing). Interview the temporary conservatee or proposed temporary conservatee personally. b. Provide to the temporary conservatee or proposed temporary conservatee the information required by Probate Code section 2250.6(a)(2) (prehearing) or 2250.6(b)(2) (posthearing). Page 1 of 2 Form Approved for Optional Use Judicial Council of California GC-330 [Rev. January 1, 2011] ORDER APPOINTING COURT INVESTIGATOR (Probate--Guardianships and Conservatorships) Probate Code, §§ 1454 1826, 1894, 2250.6, 2253; Cal. Rules of Court, rule 7.1060 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com GC-330 CONSERVATORSHIP OF (Name): CONSERVATEE 2. PROPOSED CONSERVATEE CASE NUMBER: c. To the extent feasible, make the determinations required by Probate Code section 2250.6(a)(3)(5) before the hearing on the petition. d. To the extent feasible, before the hearing on the petition, report to the court in writing concerning all of the matters stated in items 2ac. e. If you do not 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 interview with the temporary conservatee. f. If it appears to you that the temporary conservatorship is inappropriate, immediately, and in no event more than two court days after you make your determination, make a written report of your determination to the court. 3. Before the court grants an order under Probate Code section 2253 authorizing the temporary conservator to change the residence of the temporary conservatee a. YOU ARE DIRECTED TO: (1) 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. (2) Make the determinations required by Probate Code section 2253(b)(3)(7). (3) At least two days before the hearing on change of residence, report your findings concerning the foregoing in writing to the court, including in your report the temporary conservatee's express communications concerning representation by legal counsel and whether he or she is not willing to attend the hearing and does not wish to contest the petition. (4) Comply with the other orders specified in Attachment 3a(4). Good cause appearing, YOU ARE DIRECTED NOT to conduct the investigation and NOT make the report described in Probate Code section 2253(b). Good cause appearing, YOU ARE DIRECTED as specified on Attachment 3c, INSTEAD of proceeding with the c. investigation and report described in Probate Code section 2253(b). Before the court grants an order relating to medical consent under Probate Code section 1880. The petition for an order determining that there is no form of medical treatment for which the conservatee or proposed cons
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