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Probate Court Guardianship Starting Packet

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NOTICE OF HEARING-GUARDIANSHIP OR CONSERVATORSHIP

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

GC-020

FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

GUARDIANSHIP CONSERVATORSHIP OF THE PERSON ESTATE CASE NUMBER:

OF (Name):

MINOR (PROPOSED) CONSERVATEE

NOTICE OF HEARING-GUARDIANSHIP OR CONSERVATORSHIP

This notice is required by law.

This notice does not require you to appear in court, but you may attend the hearing if you wish.

1. NOTICE is given that (name):

(representative capacity, if any):

has filed (specify):

2. You may refer to documents on file in this proceeding for more information. (Some documents filed with the court are confidential. Under some circumstances you or your attorney may be able to see or receive copies of confidential documents if you file papers in the proceeding or apply to the court.)

3. The petition includes an application for the independent exercise of powers by a guardian or conservator under

Probate Code section 2108 Probate Code section 2590.

Powers requested are specified below specified in Attachment 3.

4. A HEARING on the matter will be held as follows:

a. Date:

Time:

Dept.:

Room:

b. Address of court same as noted above

is (specify):

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are

available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for

Accommodations by Persons with Disabilities and Order (form MC-410). (Civil Code section 54.8.)

Form Adopted for Mandatory Use

Judicial Council of California

GC-020 [Rev. July 1, 2005]

Page 1 of 2

Probate Code, §§ 1264,

1460-1469, 1511, 1822

www.courtinfo.ca.gov

NOTICE OF HEARING-GUARDIANSHIP OR CONSERVATORSHIP
(Probate-Guardianships and Conservatorships)

GUARDIANSHIP CONSERVATORSHIP OF THE PERSON ESTATE CASE NUMBER:

OF (Name):

MINOR (PROPOSED) CONSERVATEE

NOTE: *

A copy of this Notice of Hearing-Guardianship or Conservatorship ("Notice") must be "served" on-delivered to-each person who has the right under the law to be notified of the date, time, place, and purpose of a court hearing in a guardianship or conservatorship. Copies of this Notice may be served by mail in most situations. In a guardianship, however, copies of this Notice must sometimes be personally served on certain persons; and copies of this Notice may be personally served instead of served by mail in both guardianships and conservatorships. The petitioner (the person who requested the court hearing) may not personally perform either service by mail or personal service, but must show the court that copies of this Notice have been served in a way the law allows. The petitioner does this by arranging for someone else to perform the service and complete and sign a proof of service, which the petitioner then files with the original Notice.

This page contains a proof of service that may be used only to show service by mail. To show personal service, each person who performs the service must complete and sign a proof of personal service, and each signed copy of that proof of service must be attached to this Notice when it is filed with the court. You may use form GC-020(P) to show personal service of this Notice.

(This Note replaces the clerk's certificate of posting on prior versions of this form. If notice by posting is desired, attach a copy of form GC-020(C), Clerk's Certificate of Posting Notice of Hearing-Guardianship or Conservatorship. (See Prob. Code, § 2543(c).)

PROOF OF SERVICE BY MAIL

1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred.

2. My residence or business address is (specify):

3. I served the foregoing Notice of Hearing-Guardianship or Conservatorship on each person named below by enclosing a copy in an envelope addressed as shown below AND

a. depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4 with the postage fully prepaid.

b. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

4. a. Date mailed:

b. Place mailed (city, state):

5. I served with the Notice of Hearing-Guardianship or Conservatorship a copy of the petition or other document referred to in the Notice.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM)

(SIGNATURE OF PERSON COMPLETING THIS FORM)

NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED

Name of person served
Address (number, street, city, state, and zip code)

1.

2.

3.

4.

Continued on an attachment. (You may use form DE-120(MA)/GC-020(MA) to show additional persons served.)

GC-020 [Rev. July 1, 2005]

Page 2 of 2

NOTICE OF HEARING-GUARDIANSHIP OR CONSERVATORSHIP
(Probate-Guardianships and Conservatorships)

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What the Probate Court Guardianship Starting Packet Is

The Probate Court Guardianship Starting Packet is a standardized set of documents used to begin a court proceeding seeking appointment of a guardian for an adult or minor who is alleged to lack capacity. It usually includes the petition, medical affidavits, a proposed guardianship plan, notice forms for interested parties, and a proposed order for the judge. The packet establishes the factual and legal basis for the request, explains the scope of the requested powers, and supplies the information the court needs to schedule hearings, appoint counsel or a guardian ad litem, and evaluate emergency relief.

Why a Complete Starting Packet Matters

A complete packet clarifies jurisdictional facts, reduces procedural delays, and improves the likelihood that the court can schedule an initial hearing without requests for more information. Thorough documentation supports the court’s urgent decisions about medical care, finances, and temporary guardianship.

Why a Complete Starting Packet Matters

Who Typically Prepares and Uses This Packet

These packets are prepared by attorneys, court clerks, family members, social workers, and healthcare providers who need to begin a guardianship case.

  • Private attorneys preparing a complete petition and exhibits for court filing and hearing preparation.
  • Court clerks who verify local filing requirements and accept documents for docketing and service.
  • Family members or social workers initiating emergency petitions or gathering medical affidavits.

Core Components Included in a Professional Packet

A professional packet groups the essential documents so the court can evaluate incapacity, notice interested persons, and consider limited or full guardianship promptly.

Petition

A clear petition stating petitioner identity, respondent details, jurisdictional basis, and the specific guardianship powers requested for the court to review.

Medical Report

A contemporaneous physician or qualified evaluator affidavit describing incapacity, diagnosis, and recommended limitations or supports for the respondent.

Proposed Plan

A guardianship plan describing living arrangements, medical decision-making authority, visitation, and recommended oversight or reporting to the court.

Notice Forms

Stamped or draft notices for required interested parties and relatives listing the hearing date and their rights to object or request counsel.

Financial Inventory

Preliminary asset and income summary if financial management powers are sought, including bank accounts, property, and outstanding obligations.

Proposed Order

A draft court order defining temporary or permanent powers sought and proposed conditions for bond, visitation, or reporting.

Step-by-Step: Completing the Guardianship Starting Packet

Complete documents in the order the court expects so filings, service, and hearings proceed without avoidable delays.

  • 01
    Gather Facts: Collect medical records, contact lists, and financial summaries before drafting the petition.
  • 02
    Draft Petition: Complete the petition with jurisdictional and factual allegations and attach supporting affidavits.
  • 03
    Prepare Notices: Fill required notice forms for relatives and interested parties, following local service rules.
  • 04
    File and Serve: File with the clerk, pay fees, and effect personal service or substituted service as required.

How to Configure an Online Packet Workflow

Digital workflows reduce re-keying and help route forms to medical providers, attorneys, and the court efficiently.

Field Configuration
Signer Order Set petitioner first, then medical witness, then court recipient or clerk.
Authentication Use email + SMS code or stronger KBA for medical affidavits and attorney approvals.
Attachments Allow multi-file uploads for medical records and financial statements in PDF or DOCX.
Audit Trail Enable timestamp, IP, and signer identity logging for each signed document.

Digital Signing and eSubmission Considerations

Not all courts accept electronic filing or e-signed affidavits in the same way; verify local court rules before e-submitting.

  • File Formats: PDF and PDF/A preferred for court filings.
  • Integrations: Connectors to case management or cloud storage simplify submission.
  • Authentication: Two-factor authentication recommended for sensitive signatures.

When electronic filing is allowed, ensure e-signature methods meet ESIGN/UETA requirements and the court’s specific authentication and notarization rules.

Where to File and How Documents Move Through the System

Understanding routing—from petitioner to court to interested parties—reduces missed deadlines and service errors.

  • Clerk Filing: File the packet with the probate/division clerk for initial docketing and fee assessment.
  • Service: Serve respondent and interested parties per local rules—personal, certified mail, or substituted service.
  • Hearing: Court schedules initial hearing; bring originals and proof of service to the hearing.
  • Order Entry: If granted, the court signs the order and clerk enters the judgment into the case file.

Typical Timelines and What to Expect

Processing times and deadlines vary by jurisdiction; plan for expedited steps in emergencies and longer schedules for contested matters.

Emergency Petitions:

Hearing and temporary orders may occur within days in life-safety cases.

Standard Petition:

Initial hearing commonly scheduled within 2–8 weeks depending on the court calendar.

Notice Period:

Most jurisdictions require several days to weeks’ notice to interested parties; local rules set specific timelines.

Medical Reports:

Courts often require medical affidavits within 7–30 days of filing for admissibility.

Guardian Reports:

If appointed, periodic accountings or reports may be due annually or per court order.

Security and Compliance Controls for Packet Handling

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Complete timestamped action log for each signature
BAA Available: HIPAA BAA required for healthcare-related records
Authentication: Support for multi-factor and advanced signer verification
Access Controls: Role-based permissions and SSO options
Certifications: SOC 2 Type II, ISO 27001 compliance available

Common Mistakes to Avoid When Preparing the Packet

  • Missing or incomplete medical affidavits that fail to describe current incapacity and prognosis delay hearings and evidence admission.
  • Incorrect or inconsistent names and addresses for the respondent or interested parties can void service and require re-noticing.
  • Failing to follow local caption or filing format results in clerk rejection and additional filing fees or resubmission delays.
  • Relying on unsigned or improperly authenticated electronic affidavits where the court requires original wet signatures or notarization.

Risks and Consequences of an Incorrect Packet

Delayed Relief: Temporary needs may go unaddressed
Service Defects: Case may be dismissed or reset
Invalid Orders: Court may void improperly authenticated orders
Financial Exposure: Mismanagement claims or bonding requirements
Legal Sanctions: Possible contempt or sanctions in aggravated cases
Recordkeeping Gaps: Loss of audit trail for future disputes

Practical Tips for Accurate and Efficient Completion

Follow these procedural and drafting practices to reduce avoidable errors and improve the chance of timely relief.

Use a Local Template
Start with the county’s approved packet when available; adapt language only where legally necessary and keep a change log to demonstrate compliance with local rules.
Verify Service Rules
Confirm whether personal service, certified mail, or publication is required in your jurisdiction and prepare proof of service forms in advance to avoid hearing continuances.
Assemble Supporting Evidence
Attach contemporaneous medical records and a short chronology of relevant events; clearly labeled exhibits and an exhibit index save hearing time and reduce court questions.
Authenticate Electronically
If e-signatures are used, ensure the method meets ESIGN/UETA criteria, preserve the audit trail, and follow any court-specific guidance on electronic affidavits or RON.

Use Cases: How Different Parties Use the Packet

Real-world examples show how the packet supports emergency relief, planned guardianship, and multidisciplinary coordination.

Emergency Medical Guardianship

A hospital social worker files an emergency packet to secure temporary medical decision authority for a critically ill adult.

  • The court issues a short-term temporary order.
  • The temporary order allows urgent medical treatment while the full guardianship petition proceeds with notice to family and a hearing scheduled within days.

Planned Financial Guardianship

A family attorney prepares a full packet when progressive cognitive decline makes joint financial management untenable.

  • The petition requests limited financial powers and an annual accounting.
  • The proposed plan limits guardian authority to accounts listed, requires bond or supervision, and establishes reporting intervals to protect the respondent’s assets.

eSignature Pricing and Feature Comparison for Packet Workflows

Basic price and feature differences matter when selecting an eSignature provider for high-volume guardianship packet routing and storage.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Free trial available Free trial available Free trial available Free trial available
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Quick Solutions

Answers to common questions help petitioners avoid procedural problems and align electronic processes with court rules.


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