Form GC-330 "Order Appointing Court Investigator" - California

What Is Form GC-330?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2016;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form GC-330 by clicking the link below or browse more documents and templates provided by the California Superior Court.

ADVERTISEMENT
ADVERTISEMENT

Download Form GC-330 "Order Appointing Court Investigator" - California

Download PDF

Fill PDF online

Rate (4.7 / 5) 88 votes
GC-330
STATE BAR NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CONSERVATORSHIP OF THE
PERSON
ESTATE
of (name):
CONSERVATEE
PROPOSED CONSERVATEE
CASE NUMBER:
ORDER APPOINTING COURT INVESTIGATOR
Conservatorship
Limited Conservatorship
To (name):
You are hereby appointed Court Investigator in the matter entitled above.
1.
Before the appointment of a general conservator YOU ARE DIRECTED TO:
a.
Conduct the interviews required by Probate Code section 1826(a)(1). Interview the proposed conservatee personally.
b.
Provide to the proposed conservatee the information required by Probate Code section 1826(a)(2).
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(a)(4)–(7), and (9)–(10). 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.
A person is presumed competent to vote regardless of his or her conservatorship status. To determine whether this
presumption is overcome, you must determine if the proposed conservatee is 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. The proposed 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.
f.
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.
g.
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(a)(12)
except for the persons listed in attachment 1g(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 1g(2) (specify names and addresses in the
attachment).
h.
Comply with the other orders specified in Attachment 1h.
Page 1 of 2
Form Approved for Optional Use
ORDER APPOINTING COURT INVESTIGATOR
Probate Code, §§ 1454 1826,
Judicial Council of California
1894, 2250.6, 2253;
(Probate—Guardianships and Conservatorships)
GC-330 [Rev. July 1, 2016]
Cal. Rules of Court, rule 7.1060
www.courts.ca.gov
GC-330
STATE BAR NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CONSERVATORSHIP OF THE
PERSON
ESTATE
of (name):
CONSERVATEE
PROPOSED CONSERVATEE
CASE NUMBER:
ORDER APPOINTING COURT INVESTIGATOR
Conservatorship
Limited Conservatorship
To (name):
You are hereby appointed Court Investigator in the matter entitled above.
1.
Before the appointment of a general conservator YOU ARE DIRECTED TO:
a.
Conduct the interviews required by Probate Code section 1826(a)(1). Interview the proposed conservatee personally.
b.
Provide to the proposed conservatee the information required by Probate Code section 1826(a)(2).
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(a)(4)–(7), and (9)–(10). 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.
A person is presumed competent to vote regardless of his or her conservatorship status. To determine whether this
presumption is overcome, you must determine if the proposed conservatee is 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. The proposed 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.
f.
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.
g.
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(a)(12)
except for the persons listed in attachment 1g(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 1g(2) (specify names and addresses in the
attachment).
h.
Comply with the other orders specified in Attachment 1h.
Page 1 of 2
Form Approved for Optional Use
ORDER APPOINTING COURT INVESTIGATOR
Probate Code, §§ 1454 1826,
Judicial Council of California
1894, 2250.6, 2253;
(Probate—Guardianships and Conservatorships)
GC-330 [Rev. July 1, 2016]
Cal. Rules of Court, rule 7.1060
www.courts.ca.gov
GC-330
CONSERVATORSHIP OF THE
PERSON
ESTATE
CASE NUMBER:
of (name):
CONSERVATEE
PROPOSED CONSERVATEE
On the filing of a Petition for Appointment of Temporary Conservator YOU ARE DIRECTED TO:
2.
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).
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 2a–c.
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
YOU ARE DIRECTED TO:
a.
(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) .
b.
Good cause appearing, YOU ARE DIRECTED NOT to conduct the investigation and NOT make the report described in
Probate Code section 2253(b).
c.
Good cause appearing, YOU ARE DIRECTED as specified on Attachment 3c, INSTEAD of proceeding with the
investigation and report described in Probate Code section 2253(b).
4.
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 conservatee
has the capacity to give informed consent alleges that he or she is not willing to attend the hearing, or the court has received an
affidavit or certificate attesting to the medical inability of the conservatee or proposed conservatee to attend the hearing.
YOU ARE DIRECTED TO:
a.
Personally interview and inform the conservatee or proposed conservatee of the contents of the petition; of the nature, purpose,
and effect of the proceedings; and of the right to oppose the petition, attend the hearing, and be represented by legal counsel.
b.
Make the determinations required by Probate Code section 1894(c)–(g).
c.
At least five days before the hearing on the petition, report your findings concerning the foregoing in writing to the court,
including in your report the conservatee's express communications concerning representation by legal counsel and whether the
conservatee is not willing to attend the hearing and does not wish to contest the petition.
d.
Comply with the other orders specified in Attachment 4d .
5. Number of pages attached:
Date:
JUDICIAL OFFICER
SIGNATURE FOLLOWS LAST ATTACHMENT
GC-330 [Rev. July 1, 2016]
Page 2 of 2
ORDER APPOINTING COURT INVESTIGATOR
(Probate—Guardianships and Conservatorships)
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Print this form
Save this form
Clear this form
Page of 2