How an Attorney Fills Out a Petition for Appointment for Limited Conservator of the Person (CA)
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- čas přidán 29. 08. 2024
- Do you have a developmentally disabled individual in your life? If so, this video could be very important for you. It shows you how an attorney fills out a petition for a limited conservatorship of the person only.
Once an individual reaches age 18 in California, they are presumed to have legal capacity. Many parents of developmentally disabled children are shocked to learn that once their child turns 18, they can no longer make medical decisions, or decisions about where their child lives, or a litany of other types of decisions for them. It can shock unprepared families and cause much anxiety. A limited conservatorship allows the parents to continue to make these sorts of decisions for their beloved child (or other family member or friend).
This video shows how I fill out a Petition for Appointment of Probate Conservator of the Person (Limited Conservatorship) for California limited conservatorships. This is the most difficult form to fill out of the forms typically required (GC-310, GC-312, GC-314, GC-320, GC-335, GC-340, GC-350).
Nothing in this video or my post is meant to be construed as legal advice, nor does it form an attorney-client relationship between us. The purpose of this video is to make it so you don't need an attorney. The purpose of my practice is to keep you away from the courts, minimize your legal fees for the inevitable by getting things straight up front, and to keep your affairs "in the family" whenever possible.
I, attorney Grant A. Toeppen, am based in Manteca, California and have an office in Livermore, California. I have done dozens of limited conservatorships in San Joaquin, Stanislaus, and Sacramento Counties.
You can visit my website at: www.advanceplanninglaw.com
You've simplified a rather complex topic for us non-lawyers. Thank you!
First, thank you! This is so helpful.
How do I see the documents you are referring to such as filling out 1H and 1J? It sounds like you are displaying a separate document but all I can see is the form you are filling out.
This is so extremely helpful, especially since my adult TBI son, has no income as he suffered his brain injury in 1988, when still a student in college. There has been increased decline in the past 2 years, requiring my needing to apply for Conservatorship to ensure his safety. Your videos have saved us thousands of dollars. Thank you.
Be cautious. The court may not rule in your favor and appoint a public guardian. You don't need permission from a court to help your son make decisions. You already have permission. They should not have a say.
I filed in pro per and made some mistakes. These videos helped me to correct my errors and understand which powers to request and how. I feel more confident in my amended filing. Thank you very much for this video series!
Thank you very, very much. This is so incredibly helpful. Thank you for providing this to the public.
Thank you so much! I have a few more forms to fill out but your videos and "tips" have been so invaluable and save me tons of money.
you rock helping me fill out this horrible form.
This was amazing and very kind of you. Thank you so much.
Thank you so much for your help. Bless you!
Thanks so much, you are the best!
Toda rabá!! ( thank you very much)!! shalom . 🤓🤗
Excellent video!
THANK YOU THANK YOU THANK YOU THIS HELPED ME SOOOO MUCH 😊😊🙌🏾
Like 🙏🏾🙏🏾🙏🏾
Wonderful information. I hope one day you can help those of us objecting to an ex parte petition. It seems unfair when there's recorded evidence that the appointed Court Attorney has made up her mind who should prevail (petitioner or objector) before receiving the Private Investigator's report (especially with all the evidence we provided in the one day we were given prior to the deadline to object). Anyone who has information on this subject, please help!
Really helpful video walk through
Thank You! This was a fantastic video. These forms are quite overwhelming. Is there another video that specifically shows the GC-130 attachments as you went through them or did I just miss it? The video seemed to stay focused on the GC-130 form iteslf.
This video helped me a lot! Thank you very much.
Where can I see how exactly you did the attachments? I can only see that you're clicking, but can't see the actual document. Please help.
Hey! I'm sorry the video doesn't show the attachments. The most important thing for the attachments is to actually do them - if the court has a problem with what you put, they'll let you know before the hearing in the probate notes. For conveniences sake, the most important thing is requesting the correct powers. Here are the base 7:
1. The right to fix residence or dwelling of the limited conservatee.
2. The right to access confidential records and papers of the limited conservatee.
3. To consent or withhold consent to marriage or registered domestic partnerships.
4. The right to contract for the limited conservatee.
5. The power to give or withhold medical consent.
6. The power to control the limited conservatee's social or sexual contacts.
7. The power to make decisions concerning the education of the limited conservatee.
Thank you. This is very helpful.
Hi! Thank you for taking the time to show step-by-step. I'm having issues doing all of the forms for the limited conservatorship, I am only 22 for my disabled brother and would appreciate if you can recommend someone who can help me other then the Self-help department, THANK YOU!
Try the County Bar for wherever you are located - they usually have a lawyer referral service, including a few who volunteer.
I had a friend who was suffering withdrawal symptoms because her psychiatrist wanted to change her medications. She ended up with a conservatorship by a public conservator. If you need help terminating or changing the conservatorship (so that a more trusted person can look out for you like your family or friends) in California, I recommend googling these resources:
CALIFORNIA CONSERVATORSHIP DEFENSE by CANHR
Handbook for Challenging Mental Health Conservatorships by Disability Rights California
These conservators can control where the conservatee lives (it could be a lock down psychiatric facility or a board & care/ adult living facility). In my case, the conservator was stubborn and wouldn't let my friend go home to recover (which turned out to be a better and cheaper option since she eventually recovered). Thankfully, my friend is better.
Thank You!!!
Great Video! - its helped me a lot. Where can I find the 2019 version? (court site shows 2017)
www.courts.ca.gov/documents/gc310.pdf
Thank you so much for the explanation, but what if there is a block account under the Proposal Conservatee behalf?.
I have a question the part where it ask anyone in your home have a caseworker we have a child in guardianship from child protective services do I put that in there for that spot?
Your video was extremely helpful. I would like to know if you know of an organization with lawyers who either do this on a sliding scale or pro bono?? The Alameda Bar Association was unable to help. Thanks.
Just watched your video. Thank you so much for doing it. Is a Limited Conservatorship of the Person enough for a parent to help son/conservatee to file for public assistance, i.e., SSA/SSI, Section 8, etc? Would the conservator be able to speak with Social Security etc. on behalf of the conservatee regarding issues with payments, etc. ? Or one needs a conservatorship of the estate? Thanks in advance!
Hello, hope all I well. I was wondering if you can do a video on how to fill out form gc-255 petition for termination of guardianship.
This is online, but can i do paper form?
Hi Grant, can we (conservator) ask to be conservator of the estate if the conservatee has a property in a different country?
What if My daughter is Biploar and currently has no insite to her Mental illness and does not want to see her doctor to sign the capacity declaration form Can I still submit forms with out that?
DO I FILL UP FORM AS "STATE" IT THERE IS A BLOCK ACCOUNT (ROUND 10,000) BEING THE VENEFICIARY THE PROPSOED CONSERVATEE? OR JUST PROPOSED CONSERVATOR? THANK YOU SO MUCH. I AM CONFUSE IN THAT ASPECT.
Thanks for the video! Came in handy. If I am filing for my mother to be the Conservator for my father, do I put my information as the petitioner or should that be my mother? Thanks in advance.
You are the petitioner, your mother is the conservator. Not legal advice.
Grant Toeppen, thanks for the reply. One last question if you don’t mind? At the start of page 3, #3. C, is there supposed to be a check box in between “successor” and “conservator”?
hi. i have a 17 year old son with severe autism. I believe i have to file not for limited conservatorship but for probate or general conservatorship (not sure what it is called) of person and estate. Do u think u could consider uploading a video to help me, or give me any advice. I would truly appreciate it
is this the correct form for guardianship over my birth sons estate money or insurance money? He is 15.
what do i check if there is a Block Account? thank you in advance. shalom.(blessings in hebrew)
whos info goes in 1b