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[Music] hello everyone this is attorney grant a teppan I am an estate planning and probate attorney licensed in California and New York I have my main office in Manteca California I have a branch office out in Livermore California today I am going to show you how I fill out a petition for appointment of probate Conservatoire of the person this is for a limited conservatorship so this is done when you have an individual who is developmentally disabled becoming 18 and we need someone to be able to make decisions for them the same types of decisions that were made when they are a child such as you want to be able to make medical decisions or control their ability to contract I'll list out all the decisions in a little bit here but those are the types of decisions that being a limited conservator can enable you to have if you file this in several other forms with the court and go through the whole process and at the end of the day get an order appointing you or someone who is involved in the developmentally disabled individuals life as the conservatory that person would be known the person who is devoutly disabled at that point would be the conservative or the limited conservative so I'm going to show you how you fill out this form first of all I want to show you a little little trick that's kind of nasty that the courts spring on yet look at the bottom left-hand corner of whatever form you're working on before you start make sure you're working on the most recent one right now it's the one that was revised on January 1st 2019 a lot of the courts websites they'll have packets that you can download and fill out and they'll have the old form the 2016 form they will refuse you if you fill that out and file it I'm sure they're trying to be helpful by providing these sorts of packets but don't spend all your time filling out a 2016 form and by the time you see this the 2019 form might be updated to they they do it every every couple years sometimes every couple months but right now we're operating off of the January 1 2019 form I got this from the California Judicial Council website just google win it and you'll find their whole list of forms that you can use in California are usually indicated by this sort of code and everything within the conservatorship realm is going to be a GC something-something all right so I'm going to be filling this out as though I were not an attorney as though I were just a self represented individual most of the time what I have here is I have the parents of a developmentally disabled person who want to continue to be able to make decisions for that person so I'm gonna fill it out as though my wife and I were applying for a conservatorship we don't have a child so I'll fill in my dog's name as I get to that point all right he is sort of our our child in a lot of ways the fur baby so we'll get to that in a second so starting with here you would not fill in a State Bar number as you're not an attorney I am but I'm gonna pretend I'm not for the purposes of this form all right so we're gonna say that I am the petitioner all right I'm the person who's asking the court for this that's what it basically means being the petitioner I'm not gonna fill out my firm name because once again I'm pretending I'm not an attorney so you probably not be an attorney would likely leave that blank as well I'm gonna put my office address here you would put your home address or your mailing address I think home is usually best unless you have reasons for it to not be public maybe there's a restraining order against someone in your life or something like that but typically your home address is best so bear with me as I do the data entry here and you would just fill this in for your scenario if you don't have a fax or an email that's all good no legal requirement you would just put a big old na and in a and if you're not an attorney what do you put here the attorney for field you would put some Latin legalese for self-represented is improper so you would put in proper their Superior Court of California County of you would do the county where the disabled individual the developmentally disabled individual resides all right that's where they're domiciled that is where jurisdiction lies that is where we would apply so if someone lives and if the developmentally disabled individual lives in San Francisco then you'd be doing this in the County of San Francisco I'll fill it out for the county where I usually practice San Joaquin good old San Joaquin Street address this is the address of the court you can find the address of the court mailing address all of this information online very easily on the courts websites each court has its own website make sure you get the right address for the probate court for instance Stanislaus County they have two big courthouses in downtown Modesto one is for the probate court one is not you want to make sure you reference the right one fortunately in Stockton we don't have that issue with the building of the new courthouse so you don't need to put California in here they know it's California you notice they don't ask for that such a city and zip branch name if there is a relevant branch name like in Santa slavs County you'd fill that out here not so much conservatorship of so let's put my dog's name chubs danger Yamaguchi my wife kept her last name so it's going to be chubs danger Yamaguchi all right his middle name is danger now let's go down a little if it'll let me let's go down petition for appointment of successor no you leave that blank in this circumstance most likely that's only if we already have a conservatorship and now we're passing the baton so to speak to a new conservative or probate Conservatoire of thee I'm gonna click person I'm not going to click a state you probably don't need a conservatorship of the estate for a developmentally disabled individual okay most of the time they don't have any assets asking for a probate conservatorship of the estate is just going to muddy the waters and the judge will ask you why the heck do you need this you might say but I'm an assigned payee on subs danger Yamaguchi's accounts that's great you already have a management technique set up you do not need to ask for a conservatorship of the estate so basically you can just not click that limited conservatorship yes and then to go back to the estate you would only really click that if the conservative did have substantial assets and you wanted to make sure those assets were appropriately handled and we're not flitted away via undue influence fraud or just poor decision making case number hearing date and time Department don't fill any of this out here this will all get filled out by the court when you file the petition all right so you don't know what the case number hearing date and time or Department are yet those will be determined by the court at the time of filing so petitioner grant a teppan I'm the guy who's asking for this requests that now this line is who are going to be the conservators or conservator and now I had said I was going to fill it out as though it was for my wife and myself so I would put grant a teppan and Noriko Yamaguchi telephone I would put our office phone number for simplicity's sake since this is all public office address so sometimes I've had cases where we have both parents and maybe two siblings all being Co conservators together for another developmentally disabled sibling and then they all live at different addresses and it just does not fit in this area what you would do there is you could just put in instead of putting the addresses and stuff you could just put something like C attachment 1a because we're on number one Part A then you would create a word document that would be attached to this petition and in that word document at the top you'd put see it you'd put attachment 1a and then you'd put everybody's name the relevant address or relevant phone number so the court could figure out who is where that's really important because later and later in this game before you end up going to court and getting this granted the court will send a court investigator to talk to everybody either via phone or in person to make sure that there's nothing fishy here that everybody is going to be a good conservatory there's not going to be fraud or anybody getting taken advantage of all right so definitely make sure you include all that information away where it's easy for the court to understand how to contact all of the proposed limited conservators we are asking that myself and my wife be appointed limited Conservatoire of the person of the proposed conservative and letters issue upon qualification let me explain really quickly what the powers can be for a limited conservatorship of the person there are typically seven available I typically only ask for five and you'll see when I explain them why I only ask for five the other two are only granted in rare circumstances so off the top of my head the five are the power to make medical decisions for the proposed conservative the power to access their confidential information the power to choose and set their residence the power to choose their educational program the power to choose their contracts enter into an exit out of contracts those are the main five that you're probably going to want the other two only really apply if they're extreme samples or extreme facts that seem to show that this person is going to be taken advantage of all right and those facts are the ability to limit the social and sexual contacts of the conservative and the power to control the Conservatives ability to enter into marriage for instance there might be friends who take quote-unquote friends who take advantage of this poor soul or or a woman who's moving in on this person to take advantage of some perceived potential for financial gain you have to have really strong facts to ask for those two don't just blank it ask for them I have parents who just say why not let's do it you're just gonna upset the judge and not get what you want unless you can really show why those are relevant so now for this next part this next line starting with B this is for the estate and we're not asking for a conservatorship of the estate here so I'm just gonna put in a so the court knows that I saw these and I didn't fill them out because they weren't applicable so now down to one C this is about bond all right and looks like I've already clicked it for us this is the one that I'm going to do bond is basically like an insurance policy against mismanagement of the conservatives assets because there's presumably no estate here we're not asking for a limited conservatorship of the estate bonds not going to be required okay bond not be required for the reasons stated in attachment 1 C this is where I'm gonna start making the attachments all right so let's let's open up word here let's pop into the center attachment 1 C and all of these attachments you would print out and attach to the back of the petition that we're working on they'd all be filed as one document set so no bond is required in this matter because petitioner is only asking for a limited conservatorship of the person it really only needs to be that simple alright don't overthink it if there is a problem with what you told the court you will find out in the probate notes before your hearing right which is check online a couple weeks before your hearing for the probate notes and the court will let you know hey you really didn't give a good explanation here hey you didn't check box you know one c or whatever and that's very important that you check the probate notes all right but so that's how I do this Part C - this is not going to be applicable because we're not asking for a bond the next part once again blocked accounts we're not going to go into this we're assuming there is no estate you're not going to have to worry about that today now D orders authorizing independent exercise of powers under Probate Code section 25 90 be granted granting the proposed Conservatoire of the estate powers to be exercised independently under the Probate Code section 25 90 would be to the advantage and benefit and in the best interest of the conservatorship estate let me show that to you it doesn't really come up very often in these types of cases so of course section 25 90 then kicks you over to 25 91 so you go over to 25.91 and you see the types of powers that are listed here the power to operate for longer than 45 days a business farm or Enterprise constituting asset of the estate the power to grant and take options it is a long laundry list of various transactions that you can do which really would be under a conservatorship of the estate so since we're not asking for that here you're not going to have to worry too much about that you can skip D okay orders relating to the capacity of the proposed conservative under Probate Code section 1870 or 1901 be granted typically you're not going to have to check that box either but let's just go over it real quick so Probate Code section 1873 so this is what it does is it carves out a little bit of an exception for the proposed conservative where the court is saying that it's okay for the conservative to do this transaction or that one so this this authorizes certain transactions by the conservative and once again I don't think you're going to need to worry about that for this case let's let's show you 1901 real quick to just say you know what it is and maybe it would apply for you but it rarely applies for the limited conservatorships so this is the court can determine whether the conservative has the capacity to enter into a valid marriage all right so you can have the court determine whether the conservative limit the ability to marry it is a fundamental constitutional right that is not to be toyed with or limitations on it or not to be requested lightly so we can skip that orders relating to the powers and duties of the Conservatoire of the person under probate code sections 2351 223 58 these are specifically with the exception of 23 51.5 which we'll get to separately funny enough it's not actually it's kind of part and parcel doubt in a later question here these are basically all code sections for normal conservatorships which you know are more typically where someone has Alzheimer's or dementia they were not developmentally disabled but became incapacitated later in life due to disease or injury or something that happened so you can skip that however this one this this is one that you want to check this is almost always why I have people ask for a limited conservatorship they want to keep being able to make medical decisions for their child so this one's really important check you would check this so make sure if you're concerned about the medical powers that would be the one that you would look at checking all right so then Limited conservatorship orders relating to the powers and duties of the proposed limited Conservatoire of the person under Probate Code section 23 5 1.5 be granted and then specify orders powers and duties in attachment 1 H incomplete item 1 J alright so I find that the courts themselves cannot explain why they have one H and one J as different questions any time we are limiting someone's ability to contract make decisions for themselves etc we are limiting their legal and civil rights to me it seems like it's the exact same thing I haven't had anybody who I've asked explained to me how they're not but this is just how we fill them out I'm not here to divine and hold a seance as to why these people did this this way all I'm gonna show you is how to get it done all right so let me pull up 23 51.5 for you and you'll see the seven powers that I had talked about laid out here this is twenty three five one let's open 23 5 1.5 all right and then in B you see right here this is the good stuff these are the powers you're gonna use these through out all right and this is just how I do it so I would say attachment 1 H boom and then we are not going to ask for the powers to control the social and sexual relationships we are not going to ask for the power to control a marriage let's get our numbers correct again all right so then what you can do since it's going to be 1j also and once again this is just I find it so silly but this is what works with the courts now let's do attachment 1j and it's going to be just a copy and paste job of the exact same stuff ridiculous but trail let's touch back on the forum really quickly here I skipped this section 18 30 B let's go over 18 30 be real quick 1830 B so this is the power is basically to this is where we're looking at once again whether to grant the limited conservative or powers of managing debts rentals wages managing claims legal claims against limited conservative handling contractual or other obligations this is where if there is some sort of money issue that is a satellite to this conservative something that's out there circling around needs to be dealt with this is where you fill it out but chances are not going to be relevant for your circumstance but you would know if it was all right 1k this is basically never going to be filled out for a limited conservatorship this is if someone has a major neurocognitive disorder like dementia I'm something you develop later in life don't worry about that how the sub box is here L is the grab bag option if you have something really weird and unique to your situation that doesn't fit neatly into any of the other probate boxes then this is the one that you would do I don't think it would come up in this circumstance an example where I had this pop-up was I had a gentleman who was divorced from his spouse and they had a developmentally disabled daughter the spouse lived abroad in a country that is not necessarily on good terms with the United States and the spouse wanted to bring the daughter to visit family in this country and the father was concerned because he believed that this would be just an opportunity for mom to spirit away daughter and get her into a country where the US has no enforcement mechanisms and essentially he lose his daughter so we did request a limitation on travel via the court holding on to the daughter's passport and that the passport could only be released upon court border all right that was a big hill to climb but that's an example proposed Conservancy is so who is the development lis disabled person now chubbs is a very smart dog but if he were a person I think he'd be up here all right and you put you put the development lis disabled person's phone number address all of that stuff pretty no-brainer if they live with you then of course it'll be the same address there we go so now we have some boxes to fill out all right we're gonna work on jurisdictional facts this is where the courts making sure that you're in the right Court so we're you always have to check these out so you're going to say the proposed conservative has no conservator in California and is a resident of this County resident of California yes both of these if you have another scenario not a resident of this county but commencement of the conservatorship in this county is in the best interest of the proposed conservative for the reasons specified in attachment 3a this would be if the person might be moving to that County soon or there's some sort of dispute there are a lot of scenarios where that might come up but 99 times out of 100 you want to apply in the county where the conservative a resident this is also true for for the next part here but most of the time you wouldn't even have to fill this out like I said most of the scenarios I deal with our two parents with their developmentally disabled child and things are pretty stable so you wouldn't have to go into all this weird stuff that comes from lots of moving our lots of assets etc that the proposed conservative add have so I could just skip that now this is where we're the courts kind of trying to figure out what the heck is your relationship to the proposed conservative they want to make sure you're not going to take advantage not gonna do something bad that you're not just some Joe Schmo off the street trying to you know get powers over a person to whom you have no relation or something of that nature so typically the petitioner is not a creditor or a debtor of the proposed conservative you typically don't have to worry about the successor box here but in this case I am one of the proposed conservator so I clicked that I am NOT the proposed conservative I am not the spouse of the proposed conservative I am not the domestic partner or former domestic partner of proposed conservative is a relative of the proposed conservative I am the petitioner I would pertaining chubs as my son I would say I am the father not an interested person not a state or local public entity officer or employee I am not the guardian of the opposed conservative imeem I am but this is more asking about being a court-appointed guardian I believe I've never checked it I'm not a bank or professional fiduciary so I don't need to fill those hour so next proposed conservator is you could check a nominee if you wanted some counties might prefer that a nominee means someone very closely related to the conservative has no you like like the father like I could say I've nominated Noriko and Noriko has nominated me as the conservators here but you typically don't have to worry about that not the spouse not the domestic partner so the proposed can servitor Noriko and I be in the proposed conservative or we would be mother and father you would not fill out bank not a non profitable charitable corporation not a professional fiduciary not other would not have to worry about engagement and prior relationship with petitioning professional fiduciary so we wouldn't have to worry about these sub questions either now this part I always fill out even though I'm not asking for a conservatorship of the estate this really shows the court that conservatorship of the estate typically isn't necessary so this one you'd only check if there was a success or conservative or there isn't don't worry about it in most scenarios you would know if there was estimated value of personal property I usually just put 500 bucks let me explain I make sure that that's about right by asking hey does this person this developmentally disabled individual on anything other than the stuff in their room you know and technically I mean they might not even own that but I do want to show the court that hey this person has something but is it is de minimis in value so that's just how I do it it might not be preferred but I want the court to know this person has some stuff but it's nothing that we're too concerned about in the big picture of the conservatorship next is annual gross income from real property typically zero pension property and personal property zero pension zero wages zero public assistance benefits you know if someone did get annual income from public assistance benefits their various benefits that could apply medical as di IHSS you would fill that out I'll just put zero to make life easy other zero total of one two and three would be five hundred real property zero if you did have real property you would need to have an inventory and appraisal at some point here in this case but today we're not doing that and then we we can just put estimated value of real property there is none but it's not estimated but once again they just like to see the boxes checked all right so next this box due diligence complete this item if proposed conservative is not a petitioner all right efforts to find the proposed conservatives relatives are reason why it is not feasible to contact any of them are described on attachment 3f one so let's make attachment 3f one alright so you can put something along the lines of petitioner is aware of the names and addresses of all of proposed conservatives relatives who are due notice under the California Probate Code petitioner will notice all of these individuals as per code prior to the hearing something like that can do it alright so there we go for three F 1 now three F two statements of the proposed conservatives preferences concerning the appointment of any conservator in the appointment of the proposed Conservatoire are reasons why it is not feasible to ascertain those preferences are contained on attachment 3f - so this is basically your showing the court how do you know you're the best person in so far as the opinion of the proposed conservative I do a lot of these for people with autism and there is a wide variety of capability on the spectrum okay so the answer here is going to vary widely so don't use what I put here as your template if it doesn't apply but I would say probably about 40% of the time when I am going to type out would apply which is something along the lines of let me get the attachment going first due to the nature of proposed conservatives develop mental disability petitioner is not able to clearly derive proposed conservatives preference for the appointment of a conservatory however proposed conservatory believe reasonably believe that proposed conservative would like propose to conservators to continue to care for and look after him her as they have been doing for the last 18 years or whatever once again this is going to be highly personalized you don't be afraid to have the right language here done is better than perfect if there's an issue here you will be able to clean it up in the probate notes before the hearing with a signed declaration and the worst thing that happens at the hearing if you're not together not ready did he didn't clear up whatever the court wanted you to clear up they'll continue it in San Joaquin usually it's about three months and that is not everybody's cup of tea obviously I like to avoid continuances but waiting three months for another bite at the Apple is not the worst thing that has ever happened you know just stay on top of your probate notes you won't have that issue so that's how are you three f2 all right let's keep going here so three G so far is known to petitioner the conservatorship or equivalent proceeding concerning the proposed conservative typically has not been filed in another jurisdiction what you're saying is hey there's not another conservatorship proceeding going on here in like Alabama or New Hampshire or something right because that could get messy if you have two courts in different states issuing different orders that creates a lot of problem they want to make sure everybody is on the same page all right so that's why if you answered yes you you would answer a bit more about it so next proposed conservative is or is not typically is not a patient in or on leave of absence from a state institution under the jurisdiction of California Department of State hospitals or California Department of Developmental Services proposed conservative is typically not is neither receiving nor entitled to receive benefits from the US Department of Veterans Affairs C is typically not as far as known petitioner a member of a federally recognized Indian tribe tribal law is a big thing and they have very different rules for how things like adoptions guardianship sand conservatorships go down so if the proposed conservative is a member of a federally recognized Indian tribe you might want to consult with someone who focuses on tribal law they can get really messy all right you want to make sure that everything is clean as a whistle so in our circumstance and most circumstances you wouldn't have to fill these out all right so next five a proposed conservative usually is in adults but you can say will be an adult on the effective date of the order if you're planning you know sometimes parents want to make it so as of the date their child turns 18 the conservatorship goes into effect so let's pretend chubs turns 18 on five one twenty twenty right and so I could put it like that five B is there a vacancy in the office of the conservatory this is where you're looking for a successor conservatory sometimes this happens due to the death or incapacity of the Conservatoire they're just not able to do it anymore so typically you don't have to worry about that can leave this part blank this next part is the money shot on these forms this is what you need to fill out to meet the statutory requirements to have a limited conservatorship granted sometimes you need a lot more space than what's in here sometimes you don't what I tell people to do typically when I'm asking them about this is to provide me a narrative of what you do for the proposed conservative help them with hygiene do you make their food do you dress them do you maintain their shelter for them so you can say something like proposed cancer if this is applicable this will be different for every single family do as much detail as possible for what you do for the person's physical health food clothing or shelter without including too much sensitive information because we're embarrassing information if you can avoid it because these documents are available for public review all right so you'll see how I word it I'm gonna keep it close to the vest and pretty simple here pose conservators assist proposed conservative daily with almost every facet of life proposed conservators wake proposed Conservancy help him with all aspects of hygiene dress him prepare and make food for him provide him with medicine pay for his shelter take him to doctors appointments etc just you can list out all these various things that you do for this person and make sure you say due to the nature of proposed conservatives disability and you would this is where you list out the specific disability so let me actually rephrase here as proposed conservative suffers from autism and cerebral palsy or whatever he is completely unable to provide for his own personal needs or physical health food clothing and shelter it is likely that proposed conservators will be needed needed to provide such assistance to propose most conservative for the rest of his life proposed conservative neither has the understanding or ability due to the nature of his developmental disability to provide for his personal needs for physical health food clothing nor shelter I understand I put a bit of a word salad up here a bit of a blunt instrument this is something where you'd want to get into detail and show how the developmental disability specifically affects the proposed conservatives ability to provide for their physical health food clothing or shelter and you would just spell out what you do for them or the proposed conservatory does for them and how necessary it is all right so definitely don't be shy of going into detail showing what kind of medication is needed what kind of scheduling spelling out what would happen you know if the proposed conservatives he were left to their own devices proposed conservative does not an example if he does not understand the danger of leaving the stove on does not understand that going outside when it is cold without proper clothing can make him sick etc etc you can just list all the ways and which their developmental disability you know make them a risk to themselves insofar as physical health food clothing or shelter I'm harping on these because these are the things in the probate code you need to show if you want to get the limited conservatorship you need to show that there's a direct relationship between the developmental disability in this person's inability to provide for themselves for health food clothing or shelter all right so I wouldn't copy what I said word-for-word here at all it's not what I would file with the court necessarily but I also didn't want to use a real-world example from one of my clients so I just kind of wanted to give you a scatter shot of the types of things that you'd put in here this next part this part you only fill out if you are doing a conservatorship of the estate we are not in a it's keep moving 5d proposed conservative voluntary requests appointment of a conservator sometimes that happens where you have someone who's on for instance the autism spectrum who needs some help but isn't quite there yet alright and you can you could fill this out and say that they they are interested in having their parents or whoever be the conservative or confidential supplemental information form GC 312 is filed with this petition always have to do it when you're doing an the initial filing that's a different Judicial Council form I'm not gonna fill that one out today it's a pretty easy form it's only two pages and it just asked a bunch of background questions making sure you're not some horrible evil person who's going to abuse the proposed conservative alright so fill it out fill it out honestly if you do check anything that looks like a yellow flag on the GC 312 just explain it in an attachment which is what that form asks you to do very important for you to know that everything you provide on the confidential supplemental information form which is not part of the record by the way that is reviewed with a fine-tooth comb by the court in San Joaquin the district attorney and by the court investigator so this is where they look into your life and make sure you're an all right person they have access to deep non-public databases of information and can make sure that you've told the truth and if you've lied here then you're in big trouble I would advise that disclosure is always best policy if you had a bankruptcy explained if you've been arrested for embezzlement explain I haven't had to deal with that maybe if you had bankruptcy a few of my clients but we just said hey they had a bankruptcy ten years ago or whatever explained it it's never been a long-term issue but that's you need to do this for each proposed conservator so in this case my wife and I would both have the the GC 312 I might be mixing these up with the other confidential supplemental information form the GC 314 so the GCE 312 actually I believe is the one for the the proposed can serve at E where you give their social security number or their background etc either way you'll file both the GC 312 and 314 with it but so then you go to five F proposed conservative does or does not have a developmental disability as defined in probate code section fourteen twenty participants of Probate Code section eighteen twenty seven point five all right so proposed conservative you if you're doing a limited conservatorship they need to be developmentally disabled that's that's the law that's how this works so does all right and then let's make five F here so we would say proposed concern the tea was diagnosed with autism and cerebral palsy shortly after birth shortly after birth these conditions severely inhibit both proposed conservatives ability to think rationally and to properly care for his physical needs for instance proposed conservative does not understand that leaving the stove on can cause a fire proposed conservative does not understand that failing to take his anti-seizure medication three times a day could result in a serious medical episode etc etc you can get as detailed as you want here but just know that these are publicly filed documents I like to keep it respectful keep it somewhat close to the vest while making sure the court knows there's an issue here alright so you fill this out as per your scenario showing that this person's development Lee disabled specifically named whatever they've been diagnosed with and specifically show the depth of it this is going to be pretty similar most likely to the box we filled out earlier about the controlling or the ability to manage himself all right so then let's go down to sex you would check this only if you are the spouse of the proposed conservative had that in a limited conservatorship seven you would only do if you were the domestic partner or the proposed conservative or was a domestic partner never had that in a limited conservatorship you probably don't have to worry about it eight this one's important it's really important to know whether you think that the proposed conservative can attend the hearing okay so if they are young and healthy and they aren't going to get violent at the hearing yes if getting them to the hearing will greatly distress them no typically though if you're not sure edge on the side of will attend who really makes the strongest determination in this which is a different form something you have to do in this whole process is going to be the attending physician to the child usually the primary care physician but whatever physician you had fill out a capacity declaration that's a separate form the GC 3:35 the doctor fills it out and basically says look this person's developmentally disabled here's my analysis as a doctor and that gets filed at the court - so the court has some solace and knowing that a medical professional has verified everything in here I'm in the in the GC 3:35 the medical professional the physician will also say whether he or she thinks the conservative can attend the hearing but I say when you can err err on the side of attending will attend the hearing is not the petitioner has or has not nominated conservative or you can put here is able but unwilling to attend the hearing if they're going to being you know physically capable but it's going to be mentally trying or you know I have I've had people who are just so severely disabled they're not going to be able to go they're not going to be able to leave their home and you can check that box here and that would be explained in the capacity declaration of course then this box would be if the proposed conservative he is not the petitioner is out of state and will not the hearing unlikely you'll be doing with that but if you are of course check it appointment of successor Conservatoire only will not attend the hearing this is if you already have the conservatorship running and we don't need to force the conservative to attend because they've already had the chance to be heard and object to the conservatorship and they didn't all right so medical treatment of proposed conservative this one's important this is probably why most people get the limited conservatorship so you're definitely going to check this in most scenarios a there is no form of medical treatment for which the proposed conservative as the capacity to give informed consent all right be a capacity declaration conservatorship form GC 335 executed by a licensed physician or by a licensed psychologist act even within the scope of his or her licensure stating that the proposed conservative lacks the capacity to get informed consent for any form of medical treatment and giving reasons in the factual basis for this conclusion if you have the GC 335 and you get your doctor to fill it out and you file at the same time as this great but usually I just say will be filed before the hearing will not be filed for the reasons stated in 1c I cannot think of a reason that a court would allow you to not file it I'm sure that fact pattern exists I have never ran into it I always make sure to file my capacity declaration and I either file it with the original petition if it's already lined up or I just make sure to get it in before the hearing so the next appointment of successor Conservatoire only the Conservatives incapacity consent to any form of medical treatment was determined by order filed on and this order has neither been expired by its terms nor been revoked if the facts were applicable you fill this out this next one is about basically faith healing if the proposed can serve at E is or is not I've never had to deal with this it is not an adherent of a religion that relies on peril for healing as fine and probate code 2355 B of course if they worry you filled this out and put put the other box 10 temporary conservatorship filed with this petition is a petition for appointment of temporary Conservatoire this is only an emergency situation and it is very unlikely that you are dealing with an emergency just because you have a sense of urgency does not mean it is the courts emergency basically you would only do this if you have a surgery coming up next week for this person and you want to make sure you can make medical decisions you had no heads-up for this surgery as I have frequently heard court chastise people your failure to plan is not the courts emergency if you had plenty of notice for whatever the quote-unquote emergency is then it wasn't really an emergency it was you failed to plan and you're gonna upset the judge if you if you try to get a temporary conservatorship in that scenario however if the fates have conspired against you and you have an emergency and the normal court time line of waiting three months which is usually how long it takes three months after filing the petition to get into court if that isn't going to work and all of a sudden you need to get in quicker then yeah you click the temporary conservatorship box and you'd work that out alright that's a different form GC 111 you'd file it concurrently with this but typically no proposed conservatives relatives this is where you list the names residence addresses and relationships of the spouse or registered domestic partner and second-degree relatives of the proposed conservative his or her parents children grandchildren grandparents brothers sisters so far is known to petitioner you could list them below or if they're not known or no longer living so the proposed conservatives deemed relatives under Probate Code section 1821 B are listed below all right but typically you just listed below all right and you would do it in this sort of format like I'm let's pretend that chubbs had a cyst Lisa Yamaguchi alright and you would put the relationship sister I mean II put the address four five six Main Street Manteca California and nine five three seven grandparents you know you could do a John Smith grand paternal grandfather etc a note here you really want to make sure you list all of the siblings all of the grandparents everything here if a grandparent is dead you want to address that in a declaration you file with the court um possibly with death certificate attached that would be the best practice I find San Joaquin really pays a lot of attention to whether or not the grandparents are dead and you want to make it clear these people who you all list here are going to get notice of this hearing they are going to get these documents into them and have an opportunity to go to the hearing if they should choose to object or just go and watch and agree with everything or perhaps provide helpful information you can get exceptions to this sometimes where you're able to waive notice to certain family members if there is a pattern of abuse or something along those lines but once again rarely granted don't recommend you play that game unless you have very extreme facts that justify it but in this in this case you know typically you just list everybody out here list their addresses make sure you include the relationships go down here if there were so many it didn't fit here you'd continue on attachment eleven here's the three fourteen I was talking about this is the conservatory screening form that asks about your background information the three twelve the GC three twelve asks about the background information for the pposed conserve a tea you always file this with the form you always check this box you always make sure to fill this out to short form pretty easy ok so court investigator I'm kind of split on this one I don't do it I go to a lot of seminars that tell me to always file an order appointing a court investigator because it streamlines the process like in Sacramento for instance I've gone to seminars where the judges have told me do this so that we can appoint the court investigator otherwise you end up having two hearings you have one hearing where you go where all that happens is the court appoints a court investigator and then a second hearing down the road where everything actually gets done then the conservatorship is completed they say to do this but you know I've never actually had any court check it I've never had any court actually appoint the Court investigate or when I file this form San Joaquin they do the court investigator appointment on their own so you don't need to worry about it anyways maybe in counties where I don't practice this works well but I could say in Stanislaus sacramento san joaquin it it's just you know you're just a hamster running on a wheel if you do this when you file it and they say oh isn't that nice and then it doesn't get done so that's my experience their number of pages attached you look at your attachment attachments in my case i'd have one two three four five six pages attached right so you'd say six pages attached type a print name of attorney for petitioner in this case you're saying there is no attorney for the petitioner so you wouldn't have to worry about this date today is one one twenty twenty type or print name of petitioner and in this case is just me who's the petitioner notice it didn't ask for type of print name of conservatory proposed conservatory if it did then he died Noriko's name if noriko is also a or you would put her name here too as another petitioner but she's not if you had more than two petitioners it sounds hokey but what I've done is I've just added a line under both and had them sign on both of the lines here and that seemed to work just fine all right so I understand it was a little um rough around the edges but here we are we've reached the end of how to fill out the main form for a limited conservatorship of the person I really hope that watching this video helps people understand how an attorney fills out this form because this form can be used to really help protect the family the developmentally disabled individual remove stress insofar as the uncertainty that comes from maybe losing these powers at age 18 now this makes so you can the parents can typically keep those powers once they're developmentally disabled child becomes 18 so once again thanks for sticking with me for the full hour this is attorney Grant age heppen a California New York licensed probate and estate planning attorney who has done tons of limited conservatorships as well nothing in this video creates a legal relationship an attorney-client relationship between us and nothing is to be construed as legal advice insofar as it's just how I fill out the form all right thanks so much everyone bye