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The California GC 240 form plays a pivotal role in the guardianship process within the state. This formal document serves as an order for the appointment or extension of a guardianship, focusing primarily on the person or estate of a proposed ward. The form must be filled out accurately and completely to reflect vital information such as the names of the parties involved, the court handling the case, and the specifics surrounding the guardianship. It enables a judge to establish whether the appointment is necessary or beneficial, particularly highlighting the difference in regulations based on the age of the proposed ward. Notably, the form outlines various findings, including the legal counsel appointed for the ward, requirements for bond, and authority granted to the guardian. A clear warning emphasizes that the appointment is not effective until letters have been issued, underscoring the importance of each step in the guardianship designation. The GC 240 also provides an avenue for the court to dispense with notice under certain conditions and includes instructions for financial management of the ward's estate, thus ensuring the proceedings are conducted with due diligence and care.

California Gc 240 Example

GC-240

ATTORNEY OR PARTY WITHOUT ATTORNEY

STATE BAR NO.:

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:

 

 

 

 

 

 

 

GUARDIANSHIP OF THE

PERSON

ESTATE OF

 

(name):

 

 

 

 

 

 

 

 

ORDER APPOINTING GUARDIAN

CASE NUMBER:

 

 

OR EXTENDING GUARDIANSHIP OF THE PERSON

 

 

WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.

1.The petition for appointment of a guardian or extension of a guardianship of the person came on for hearing as follows (check boxes c, d, and e to indicate personal presence):

a.

Judge (name):

 

 

 

 

 

b.

Hearing date:

Time:

 

Dept.:

 

Room:

 

 

c.

 

Petitioner (name):

 

 

 

 

 

 

 

 

 

 

 

d.

 

Attorney for Petitioner

(name):

 

 

 

 

 

 

 

 

 

e.

 

Attorney for (proposed) ward (name, address, e-mail, and telephone):

 

 

 

 

 

 

 

 

 

THE COURT FINDS

2.a.

b.

3.

4.

5.

6.

7.

All notices required by law have been given.

Notice of hearing to the following persons has been should be dispensed with (names):

Appointment of a guardian of the

 

person

 

estate of the proposed ward is necessary or convenient.

(NOTE: The Probate Code does not authorize the appointment of a guardian of the estate for a proposed ward 18 years of age or older.)

Extension of the guardianship of the person past the ward's 18th birthday is necessary or convenient.

Granting the guardian powers to be exercised independently under Probate Code section 2590 is to the advantage and benefit and is in the best interest of the guardianship estate.

Attorney (name):has been appointed by the court as legal

counsel to represent the (proposed) ward in these proceedings. The cost for representation is: $

The appointed court investigator, probation officer, or domestic relations investigator is (name, title, address, and telephone):

Do NOT use this form for a temporary guardianship.

Page 1 of 3

 

 

 

Form Adopted for Mandatory Use

ORDER APPOINTING GUARDIAN

Probate Code, §§ 1510.1, 1514,

Judicial Council of California

2310

OR EXTENDING GUARDIANSHIP OF THE PERSON

GC-240 [Rev. July 1, 2016]

 

(Probate—Guardianships and Conservatorships)

to be furnished by an authorized surety company or as otherwise provided by law. are ordered to be placed in a blocked account at (specify institution and location):

GC-240

GUARDIANSHIP OF THE

(name):

PERSON

ESTATE OF

CASE NUMBER:

THE COURT ORDERS

 

8. a.

 

(name):

 

 

 

 

 

(address):

(telephone):

is appointed guardian of the PERSON of (name): and Letters shall issue upon qualification.

b.(Not applicable to a proposed ward 18 years of age or older.) (name):

(address):(telephone):

is appointed guardian of the ESTATE of (name): and Letters shall issue upon qualification.

c.

 

The appointment of

 

 

 

(name):

 

 

 

(address):

(telephone):

as guardian of the PERSON of (name):

is extended past the ward's 18th birthday and new Letters shall issue forthwith.

9. Notice of hearing to the persons named in item 2b is dispensed with.

10. a. Bond is not required.

b. Bond is fixed at: $

c. Deposits of: $

and receipts shall be filed. No withdrawals shall be made without a court order.

 

d.

 

 

 

 

 

Additional orders in Attachment 10c.

 

 

11.

 

 

 

The guardian is not authorized to take possession of money or any other property without a specific court order.

 

 

 

 

 

For legal services rendered on behalf of the (proposed) ward,

 

the parents of the (proposed) ward

 

 

 

 

 

 

 

 

 

the (proposed) ward's estate

shall pay to (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the sum of: $

 

 

 

 

 

 

 

 

 

 

forthwith

 

as follows

(specify terms, including any combination of payers):

 

 

 

 

 

 

 

12.

 

The guardian of the estate is granted authorization under Probate Code section 2590 to exercise independently the powers

13.

 

specified in Attachment 12

 

subject to the conditions provided.

 

 

 

Orders are granted relating to the powers and duties of the guardian of the person under Probate Code sections 2351–2358

 

 

 

as specified in Attachment 13.

 

GC-240 [Rev. July 1, 2016]

ORDER APPOINTING GUARDIAN

OR EXTENDING GUARDIANSHIP OF THE PERSON

Page 2 of 3

(Probate—Guardianships and Conservatorships)

GC-240

GUARDIANSHIP OF THE

(name):

PERSON

ESTATE OF

CASE NUMBER:

14.

 

Orders are granted relating to the conditions imposed under Probate Code section 2402 upon the guardian of the estate as

 

 

specified in Attachment 14.

15.

 

Other orders as specified in Attachment 15 are granted.

 

16.

 

The probate referee appointed is (name and address):

 

17.Number of boxes checked in items 9–16:

18.Number of pages attached:

Date:

JUDGE OF THE SUPERIOR COURT

SIGNATURE FOLLOWS LAST ATTACHMENT

GC-240 [Rev. July 1, 2016]

ORDER APPOINTING GUARDIAN

OR EXTENDING GUARDIANSHIP OF THE PERSON

Page 3 of 3

(Probate—Guardianships and Conservatorships)

Get California Gc 240 PDF Form

Form Characteristics

Fact Name Description
Form Purpose This form is used to appoint a guardian or extend an existing guardianship of the person in California.
Governing Laws The California Probate Code sections applicable to this form include 1510.1, 1514, and 2590, among others.
Eligibility Requirements Appointments may not be granted for individuals who are 18 years of age or older for guardianship of the estate.
Mandatory Use This form is adopted for mandatory use by the Judicial Council of California and should not be altered.

Guidelines on Utilizing California Gc 240

Filling out the California GC 240 form is an important task in the guardianship process. Ensure you have all the necessary information handy, including details about the proposed ward and any attorneys involved. Once completed, this form will need to be submitted to the appropriate court. Follow the steps below to complete the process effectively.

  1. Provide your contact information: Fill in your State Bar number, name, firm name (if applicable), street address, city, state, zip code, telephone number, fax number, and email address.
  2. Identify the attorney advising the petition: Write the name of the attorney for the petitioner.
  3. Input court information: Enter the name of the court, the street address, mailing address, city, zip code, and the branch name.
  4. State the case number: Indicate the case number on the form.
  5. Fill in the guardianship details: Include the name of the proposed ward.
  6. Complete section regarding the hearing: Fill in the name of the judge, hearing date, time, department and room number, along with names of the petitioner, attorney for the petitioner, and attorney for the proposed ward.
  7. Complete the court findings: Confirm legally required notices were given, and check the boxes concerning the necessity of guardianship or extension, legal representation, and appointed investigators.
  8. Detail the guardian: Include the name, address, and telephone number of the appointed guardian and specify whether the guardian is for the person or estate of the proposed ward.
  9. Address additional orders: Check off any applicable items regarding bond requirements and authorized withdrawals, and detail any other orders in the attachments specified.
  10. Sign and date the form: Ensure the judge's signature appears at the end of the form once it is processed.

What You Should Know About This Form

What is the California GC-240 form used for?

The California GC-240 form is used to appoint a guardian for an individual or to extend an existing guardianship. It is specifically intended for use in cases involving guardianship of minors or individuals who are unable to oversee their own affairs. This form is crucial in ensuring that the necessary legal processes are followed for the benefit of the person in need of guardianship.

Who can file the GC-240 form?

Any adult can file the GC-240 form as a petitioner, provided they have a legitimate interest in the welfare of the proposed ward. This includes parents, relatives, or other concerned individuals. An attorney may also file the form on behalf of the petitioner if legal representation is required.

What information is required on the GC-240 form?

The form requires detailed information about the petitioner, the proposed guardian, and the individual who needs guardianship. This includes names, contact information, and addresses. Additionally, the form asks for the reasons for the guardianship request and requires compliance with notice requirements to inform relevant parties about the proceedings.

Is there a specific age limit for filing the GC-240 form?

Yes. The form is meant for individuals under 18 years of age who cannot care for themselves. For individuals 18 years or older, a different legal process must be followed as the Probate Code does not authorize appointing a guardian of the estate for them via this form. If guardianship is needed beyond the age of 18, an extension of guardianship can be requested.

What occurs during the hearing for the GC-240 petition?

During the hearing, the court reviews the petition to ensure all legal requirements have been met. The judge will listen to any testimony, consider submitted evidence, and check that all notifications have been properly issued. If the court finds the need for guardianship is justified, it will issue an order appointing the guardian.

What happens if the court grants the GC-240 petition?

If the petition is granted, the court issues Letters of Guardianship after the appointed guardian qualifies. This formalizes their authority to act on behalf of the ward. Additionally, the guardian may be granted specific powers and responsibilities as outlined in Attachments to the order.

Can the appointed guardian manage the ward's finances?

The GC-240 form does allow for financial management, but it depends on the specific terms granted by the court. The guardian might have to get specific court orders to take possession of money or property. Furthermore, if a guardian is appointed for the estate, they may be granted certain powers to manage the ward's finances according to the terms of the order.

Common mistakes

Filling out the California GC-240 form is an essential step in establishing or extending a guardianship, but it’s easy to overlook certain details. One common mistake occurs when individuals forget to provide complete contact information for all parties involved. This includes not only names but also addresses, email, and phone numbers. Incomplete information can lead to delays in processing, which can be frustrating and impede the timely establishment of necessary guardianship arrangements.

Another frequent error arises from failing to check all the required boxes in section 1. This section outlines personal appearances related to the hearing. If any boxes are left unchecked, it may not be clear who is present at the hearing or who is being represented, potentially rendering the hearing invalid. It’s crucial to review this section meticulously to ensure that every required checkbox is completed.

Some people also neglect to confirm that all necessary notices have been given. Section 2 states, "All notices required by law have been given." If a form fails to affirm this requirement, it could lead to further legal complications. Make sure to review and document any notice given to interested parties adequately.

A common oversight is the omission of financial details. Clearly stating the costs for representation is vital, yet sometimes individuals may skip this part. It's not just about fulfilling a requirement; it’s necessary to keep all parties informed about financial obligations. Providing this information upfront establishes transparency and can help avoid misunderstandings later.

Individuals filling out the form often overlook the need for proper signatures. These can be critical for validating the information provided within the form. A missing signature could derail the entire application process, potentially necessitating a complete redesign of the submission.

Lastly, many applicants are unaware of the form's restriction on using it for temporary guardianships. This mistake can result in wasted time and effort, as the GC-240 form specifically caters to lasting guardianship or extension requests. Always double-check the intended purpose of the form to ensure it aligns with your needs.

Documents used along the form

The California GC-240 form is a crucial document in the guardianship process, specifically for appointing or extending guardianship over a person. Various other forms support the GC-240, ensuring a comprehensive legal framework for guardianship proceedings. Below are five commonly used documents that accompany the GC-240 form.

  • GC-251: Confirmation of Appointment
    This form serves to confirm that the appointed guardian has accepted their responsibilities formally. It includes an acknowledgment of the duties and the legal obligations associated with the guardianship.
  • GC-220: Petition for Appointment of Guardian
    This petition initiates the process of appointing a guardian. It contains critical information about the proposed ward, the petitioner, and the reasons for seeking guardianship.
  • GC-313: Notice of Hearing
    This document notifies all involved parties of the scheduled court hearing regarding the guardianship petition. It ensures that everyone has the opportunity to voice their opinions or concerns about the proposed guardianship.
  • GC-340: Letters of Guardianship
    Upon approval from the court, this document officially grants legal authority to the appointed guardian. The letters serve as legal proof that the guardian has the right to act on behalf of the ward.
  • GC-420: Report of the Guardian
    This form is used to document the guardian's activities and reports to the court. It provides transparency regarding the guardian’s management of the ward’s personal and financial matters.

Each of these forms plays a vital role in ensuring that the guardianship process is thorough and adheres to legal requirements. Using these documents in conjunction with the GC-240 form helps protect the rights and interests of the proposed ward while facilitating effective guardianship management.

Similar forms

The California GC-240 form pertains to the appointment or extension of guardianship. It shares similarities with several other legal documents used in guardianship and related matters. Here are nine such documents, highlighting how they are similar:

  • GC-211: Petition for Appointment of Guardian - This form initiates the process of appointing a guardian, much like GC-240, but focuses primarily on the petitioning aspect rather than the court order.
  • GC-140: Letters of Guardianship - Similar to GC-240, this document serves as official proof of the court's appointment of a guardian. It is usually issued after the appointment hearing.
  • GC-201: Notice of Hearing - This form provides notice for court hearings related to guardianships, aligning with the notice requirements found in the GC-240 form.
  • GC-310: Consent of Proposed Guardian - Like GC-240, this document reflects the legal consent aspect necessary for establishing guardianship, confirming that the proposed guardian agrees to the responsibilities.
  • Form DC-2: Guardian's Report - This is a reporting document that, similar to GC-240, expresses the guardian's ongoing responsibilities and the ward's conditions after the appointment.
  • Form GC-330: Petition for Approval of Guardian's Fees - The GC-240 form addresses financial obligations regarding guardianship; this document similarly petitions for approval concerning guardian fees.
  • GC-245: Order Appointing Temporary Guardian - This document is used for the temporary appointment of a guardian, sharing similar purposes but differing in the duration and permanence of the guardianship.
  • GC-360: Request for Special Notice - Similar to the notice provisions in the GC-240, this form allows interested parties to receive special notifications regarding guardianship proceedings.
  • Form FL-300: Request for Order - This form can initiate requests for various orders from the court in family law contexts, akin to seeking court orders as outlined in GC-240.

Each document carries its own specific function within guardianship proceedings, but they all fit within the broader context of legal oversight and protection for individuals requiring guardianship.

Dos and Don'ts

When filling out the California GC 240 form, there are several important steps to consider. This ensures not only the accuracy of the information provided but also the legal validity of the petition. Below are some essential dos and don'ts:

  • Do ensure that all required personal information is accurately filled out, including the names, addresses, and contact details of all involved parties.
  • Do check all boxes and confirm all required sections are completed before submission to avoid delays.
  • Do include any necessary attachments or additional documentation that may support your request for guardianship.
  • Do review the form thoroughly to confirm that all dates and signatures are correct and up to date.
  • Don't leave any section blank that is required; incomplete forms can result in rejection or additional hearings.
  • Don't use this form for temporary guardianship requests, as it is specifically designated for permanent appointments or extensions.

Misconceptions

The California GC-240 form is designed to facilitate the legal process of appointing a guardian for a minor or extending an existing guardianship. However, various misconceptions surround this form which can lead to confusion. Below are nine common misconceptions accompanied by clarifications.

  • The GC-240 form applies only to minors. This form can also be used to extend a guardianship beyond a minor's 18th birthday in specific circumstances.
  • If a guardian is appointed, they automatically have full control over the ward's finances. A guardian must still seek court approval for certain financial actions, and independent powers are granted only under specific conditions.
  • The form eliminates the need for a court hearing. A hearing is typically required to ensure that all necessary parties are informed and can provide input.
  • A temporary guardianship can be established using the GC-240 form. This form is not intended for temporary guardianships; separate procedures are required for those situations.
  • The form is only for attorneys to complete. While attorneys often fill it out, any party involved in the guardianship process can use the form.
  • Completion of the form guarantees that the court will appoint the guardian. The court must still determine that appointing the guardian is in the best interest of the ward.
  • Once the guardian is appointed, they have no oversight. Guardians are held accountable by the court, which can review their decisions and actions related to the ward.
  • Payment for a guardian’s legal services is mandatory. The court evaluates the necessity of fees, and payment may depend on the ward's estate or financial situation.
  • All supporting documents must be submitted with the GC-240 form. While certain documents are needed, additional attachments can often be submitted later in the process.

Understanding these aspects of the GC-240 form can assist parties in navigating the guardianship process more effectively. Each case is unique, and it is important to consult with legal professionals when dealing with guardianship matters.

Key takeaways

The California GC-240 form is essential for initiating or extending guardianship proceedings. Here are key points to consider:

  • Ensure all required information is filled out completely, including names, addresses, and contact details.
  • The form must specify whether the guardianship is for the person, the estate, or both.
  • Check the appropriate boxes to confirm attendance of involved parties at the hearing.
  • Verify that all legal notices have been provided to the necessary parties.
  • Do not use this form for temporary guardianship settings.
  • The appointment of a guardian is not effective until the court issues Letters of Guardianship.
  • The proposed ward's age can affect the type of guardianship and the powers granted to the guardian.
  • Understand that financial responsibilities, such as costs for legal representation, may fall on the ward's estate or parents.

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