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Notice Of Conservatees Rights Form. This is a California form and can be use in Probate Guardianship-Conservatorship Judicial Council.
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Tags: Notice Of Conservatees Rights, GC-341, California Judicial Council, Probate Guardianship-Conservatorship
GC-341 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 OF (Name): PERSON ESTATE CONSERVATEE CASE NUMBER: NOTICE OF CONSERVATEE'S RIGHTS When a person becomes a conservatee, he or she does not necessarily lose the right to take part in important decisions affecting his or her property and way of life. Every conservatee has the right to be treated with understanding and respect and to have his or her wishes considered. Every conservatee has all basic human rights and the right to be well cared for by his or her conservator. The conservatee has the right to ask questions and to express concerns and complaints about the conservatorship and the actions of his or her conservator. The conservatee may ask the court to review the conservator's management of the conservatorship if disputes cannot be worked out between them. Even if the conservatee does not take direct action, the court will periodically send a person, called a court investigator, to visit the conservatee, to inquire about his or her circumstances and desires, and to advise the conservatee of his or her rights. The court also may appoint a lawyer to represent the conservatee. The conservatee will be allowed the greatest degree of freedom and privacy possible consistent with the underlying reasons for the conservatorship. The conservator should give as much regard to the wishes of the conservatee as possible under the circumstances so that the conservatee may function at the highest level his or her ability permits. The conservator must give due regard to the preferences of the conservatee and to encourage the conservatee's participation in decision-making. THE CONSERVATEE'S RIGHTS After appointment of a conservator, the conservatee keeps the right to: Be represented by a lawyer; Ask a judge to replace the conservator; Ask a judge to end the conservatorship; Make or change his or her will; Directly receive and control his or her salary; and Control an allowance (an allowance is personal spending money the court has authorized the conservator to pay directly to the conservatee). (Conservatee's rights continued on next page) Form Adopted for Mandatory Use Judicial Council of California GC-341 [New. January 1, 2008] Page 1 of 4 Probate Code, § 1830 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com NOTICE OF CONSERVATEE'S RIGHTS (Probate--Guardianships and Conservatorships) GC-341 CONSERVATORSHIP OF THE (Name): CONSERVATEE PERSON ESTATE OF CASE NUMBER: THE CONSERVATEE'S RIGHTS (continued) Unless the court has limited or taken the right away, the conservatee also keeps the right to: Receive personal mail; Vote; Marry or enter into a registered domestic partnership; Receive visits from family and friends; Make his or her own medical decisions; Enter into transactions, to the extent reasonable to (1) provide the necessaries of life to the conservatee and his or her minor children, and (2) provide the necessaries of life to his or her spouse or basic living expenses to his or her registered domestic partner; Engage in other activities the court expressly allows him or her to do, at the time of the conservator's appointment, or a later time following a court hearing on a request for authority to engage in the activity; and If the conservatee is a limited conservatee, to engage in any activity that the court has not expressly reserved to his or her limited conservator. (Proof of mailing on page 3) (Instructions for mailing on page 4) GC-341 [New January 1, 2008] NOTICE OF CONSERVATEE'S RIGHTS (Probate--Guardianships and Conservatorships) Page 2 of 4 GC-341 CONSERVATORSHIP OF THE (Name): CONSERVATEE PERSON ESTATE OF CASE NUMBER: PROOF OF MAILING 1. I am over the age of 18. I am the appointed conservator of the above-named conservatee, the conservator's attorney, or an employee of the conservator's attorney. I am a resident of or employed in the county where the mailing occurred. 2. My residence or business address is (specify): 3. I mailed the foregoing Notice of Conservatee's Rights to each person named below by enclosing a copy in an envelope addressed as shown below AND depositing the sealed envelope on the date and at the place shown in item 4 with the United States Postal Service a. with the postage fully prepaid. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary b. 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. Each copy of the Notice of Conservatee's Rights was mailed with an attached conformed copy, showing the date of its filing and the judicial officer's signature, of the Order Appointing Probate Conservator filed in this matter on (date): 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 and relationship to conservatee 1. Address (number, street, city, state, and zip code) Conservatee 2. Attorney for conservatee 3. Spouse or registered domestic partner 4. Relationship: 5. Relationship: Continued on an attachment. (You may use form GC-341(MA) to show additional addressees.) GC-341 [New January 1, 2008] NOTICE OF CONSERVATEE'S RIGHTS (Probate--Guardianships and Conservatorships) Page 3 of 4 GC-341 CONSERVATORSHIP OF THE (Name): CONSERVATEE PERSON ESTATE OF CASE NUMBER: INSTRUCTIONS FOR MAILING COPIES OF NOTICE OF CONSERVATEE'S RIGHTS AND ORDER APPOINTING PROBATE CONSERVATOR 1. What to mail: The conservator, the conservator's attorney, or the attorney's employee must mail a copy of this Notice of Conservatee's Rights, with an attached copy of the Order Appointing Probate Conservator showing the judicial officer's signature and the date of filing, to each person identified in item 2 below. 2. Who must receive the mailing: