Preview
GC-331
FOR PREPARATION BY THE COURT ONLY FOR counruss ONLY
SUPERIORCOURT OF CALIFORNIA, COUNTY OF BUTTE
1775 Concord Avenue .....................................................................
STREET ADDRESS:
MAILINGAppaess..
' I: ———-—-—-————-
SUDeIIOI COUI'I OI California F
County Of Butte I
CITY AND ZIP CODE?..
Chico, CA 95928 .............................................................................
I
BRANCH NAME: .
‘
L APR 7 2018
L
CONSERVATORSHIP OF THE
of (name); Timothy
PERSON E ESTATE E
D Ki ly
1
ener Clerk
L. Scherbert .......................................................................................
E
D
.
,~
, . .
CONSERVATEE
By
/ Deputy
' I
ORDER APPOINTING COURT INVESTIGATOR
(Review and Successor Conservator lnvestigations)*
CASE NUMBERZ
— conservatorship [:1 Limited Conservatorship PR'39399
To (name): Court Investigator of the Superior Court of California
County of Butte
You are hereby appointed Court Investigator In the matter entitled above.
. E]: Review investigation '
YOU ARE DIRECTED T_O:
a. Without prior notice to the conservator
[:1 Vtfith conservator because of necessity or to prevent harm to the conservatee
prior notice to the
visit and personallyinform the conservatee that he or she is under a conservatorship and give the name ofthe
conservator to the conservatee.
b. Makethe determinations required by Probate Code section 1851(a)(1)(A)-(C),including whether the conservator is acting in the
best interests of the conservatee. This last determination
must include an examination of the conservatee's placement; the
quality of care, including physical and mental treatment; and the conservatee‘ s finances and must include to the greatest extent
possible interviews with the conservator the conservatee‘ s spouse or registered domestic partner and relatives within the first
degree or, if none, the conservatee‘ s relatives within the second degree.
A person is presumed competent to vote regardless of his or her conservatorship status. In determining whether this
presumption is, overcome, you must determine if the conservatee is now incapable of communicating, with or without
.
reasonable accommodations, a desire to participate in the voting processand therefore may be disqualified from voting
pursuant to Section 2208 of the Elections Code, or if previously was found incapable of communicating that desire continues
,to be incapable of dbing so with or without accommodations. The Conservatee may not be disqualified from voting on the
>
basis that he or she does, or vvould need to do any ofthe 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.
d.~ IX] The court has made an order or orders under (select all that apply):
Probate Code section 1873 (authority of conservatee to enter into transactions)
III Probate Code section 1880 (conservatee's capacity to give informed consent to medical treatment)
[I] Probate Code section 1901 (conservatee's capacity to marry).
Determine whether the present condition of the conservatee is such that the terms of the court order or orders identified
above should be modified or the order or orders revoked.
e. To the extent practicable, review the conservator's accounting with the conservatee if he or she has sufficient capacity.
f. Inform the court immediately if you are unable at any time to locate the conservatee.
"
This form is for ordering review investigations and reports under Probate Code sections 1850 and 1851 or investigations
and reports concerning appointment of a successor conservator under Probate Code section 2684 or 2686. The Order
Appointing Court Investigator (form GC-330) may be used to order initial and other investigations and reports under Probate
Code sections 1826, 1894, 2250.6, and 2253. The Order Setting Biennial Review Investigation and Directing Status Report
Before Review (form GC-332) may be used to order a biennial review investigation and status report under Probate Code
section 1850(a)(2)). See Cal. Rules of Court, rule 7.1060.
Page1 oI
3
Form Approved for Optional Use Probate Code, §§ 1454, 1850, 1851, 1873,
Judicial Council of California ORDER APPOINTING COURT INVESTIGATOR 1880,1901, 2356.5, 2684, 2686,
60-331 IRevI July 1. 20161 (ReVIew and Successor Conservator Investigations) oaI. RuIesoIcoun. rule 7.1050
www'cou"s'°a 9°”
(Probate-Guardianships and Conservatorships)
GC-331
CONSERVATORSHIP OF THE
of (name): Timothy L.
[E PERSON E] ESTATE CASENUMBER.
PR-39399
Scherbert .......................................................................................
3
. CONSERVATEE
1- g. [:1 (lfthe conservator is authorized to act under Probate Code section 2356.5-dementia treatment or placement) Advise the
conservatee specifically that he or she has the right to object to the conservatospowers granted under section 2356.5.
Determine whether the Conservatee objects to the conservator's powers under section 2356. 5, whether the powers
granted under section 2356. 5 are warranted and whether some change in those powers is warranted.
h. [:1 (For/imited conservatorship only) Make a recommendationlregarding the continuationor termination of the limited
conservatorship.
i. :1 W
(For conservatorships existing on December 31, 1980, in which the conservatee has not been adjudged incompetent)
Determine whether an order should be made under Probate Code section 1873 broadening the capacity of the
conservatee.
j. including a statement of the facts on which theifindings are
Certify in writing to the court your determinations andifindings,
based, not less than 15‘ days before the date of review under Probate Code section 1850. Do not disclose confidential medical
information or confidential criminal history information from the California Law Enforcement Telecommunications System
(CLETS) in the body of your report. Place all such informationin one or more separateattachments to the report.
k. At the same time your report is certified to the court, mail copies to the conservator and to the attorneys of record for the
conservator and the conservatee.
l. [:1 Mail copies of your report,modified by deletion of all attachments containing confidential medical information and
confidential information from CLETS, to the conservatee's spouse or registered domestic partner and relatives within the
first degree or, if there are no such relatives, to the conservatee's next closest relative.
m. [:1 Mail copies of your report, modified by deletion of all attachments containing confidential medical information and
confidential information from CLETS, to the conservatee's spouse or registered domestic partner and relatives within the
first degree or, if there are no such relatives, to the conservatee's next closest relative
1:] except the person or persons named in Attachment 1m because the court has determined that mailing to that
person or persons will result in harm to the conservatee.
n. l:| Comply with the other orders specified on Attachment 1n.
2. [I] Review investigation on the court's own motion or on request
YOU ARE DIRECTED,
by an interested person
[I] on the court's own motion,
.[:1- of
at the request (name): an interested person,
to conduct a review investigation of the conservatorship and make a report to the court as follows(specify):
‘
:1 Continued in Attachment 2.
- ~
@0331 [RBV~J“‘Y-1-»2°161 .
ORDER APPOINTING COURT INVESTIGATOR "992°"
(Review and Successor Conservator Investigations)
(Probate-Guardianships and Conservatorships)
*~ GC-331
CONSERVATORSHIP OF THE
of (name): Timothy L. Scherbert
PERSON [I]
[E.....................................................................................
ESTATE CASE NUMBER
PR-39399
. CONSERVATEE
3. [:1 Successor conservatorinvestigation
a. [:1 A petition for appointment of a successor conservator has been filed in this matter. The petition does not allege that the
conservatee will be present at the hearing on the petition, which is scheduled as follows:
‘
Date: Time: Dept.:
b. C] A petition for appointment of a successor conservator has been filed in this matter. The petition alleges that the
conservatee would be present at the hearing on the petition, but the conservatee failed to appear at the hearing. The
hearing has been continued to the following date, time, and department:
Date: Time: Dept.:
c. YOU ARE DIRECTED TO:
(1) lnterview the conservatee personally.
(2) Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the proposed
successor conservator, and the conservatee's rights to appear personally at the hearing, to object to the person proposed
as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal
counsel if the conservatee chooses, and to have legal counsel appointed by the court if the conservatee is unable to retain
legal counsel.
(3) Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to
be appointed.
(4) If the conservatee is not represented by legal counsel, determine whether he or she wishes to be represented by legal
counsel and, if so, identify the attorney whom the conservatee wishes to retain or whether he or she desires the court to
appoint legal counsel.
(5) lf the conservatee does not plan to retain legal counsel and has not requestedappointment of legal counsel by the court,
determine whether the appointment of legal counsel would be helpful to resolution of the matter or is necessary to protect
the interests of the conservatee.
(6) ‘Report to the court in writing, at least five days before the hearing or continued hearing, concerning items (2)-(5),
including
the conservatee's express communications concerning representation by legal counsel and whether the conservatee
objects to the person proposed as successor conservator or prefers that some other person be appointed.
(7) hearing, a copy of the report identified
Mail, at least five days before the hearing or continued in item (6) to the attorneys,
if
any, for the petitioner and the conservatee and to the following
additional persons (specify):
:1, Continued in Attachment 3.
4. Number of pages attached:
Date
“7 \w ‘
SlGNAfi'URE FOLLOWS LAST ATTACHMENT
\\-
[Rel
60-33.? Jaw 1-20161
, ORDER APPOINTING COURT INVESTIGAT/OR Paw 0“
(Review and Successor Conservator Investigations)
(Probate-Guardianships and Conservatorships)
Preview
GC-331 FOR PREPARATION BY THE COURT ONLY FOR counruss ONLY SUPERIORCOURT OF CALIFORNIA, COUNTY OF BUTTE 1775 Concord Avenue ..................................................................... STREET ADDRESS: MAILINGAppaess.. ' I: ———-—-—-————- SUDeIIOI COUI'I OI California F County Of Butte I CITY AND ZIP CODE?.. Chico, CA 95928 ............................................................................. I BRANCH NAME: . ‘ L APR 7 2018 L CONSERVATORSHIP OF THE of (name); Timothy PERSON E ESTATE E D Ki ly 1 ener Clerk L. Scherbert ....................................................................................... E D . ,~ , . . CONSERVATEE By / Deputy ' I ORDER APPOINTING COURT INVESTIGATOR (Review and Successor Conservator lnvestigations)* CASE NUMBERZ — conservatorship [:1 Limited Conservatorship PR'39399 To (name): Court Investigator of the Superior Court of California County of Butte You are hereby appointed Court Investigator In the matter entitled above. . E]: Review investigation ' YOU ARE DIRECTED T_O: a. Without prior notice to the conservator [:1 Vtfith conservator because of necessity or to prevent harm to the conservatee prior notice to the visit and personallyinform the conservatee that he or she is under a conservatorship and give the name ofthe conservator to the conservatee. b. Makethe determinations required by Probate Code section 1851(a)(1)(A)-(C),including whether the conservator is acting in the best interests of the conservatee. This last determination must include an examination of the conservatee's placement; the quality of care, including physical and mental treatment; and the conservatee‘ s finances and must include to the greatest extent possible interviews with the conservator the conservatee‘ s spouse or registered domestic partner and relatives within the first degree or, if none, the conservatee‘ s relatives within the second degree. A person is presumed competent to vote regardless of his or her conservatorship status. In determining whether this presumption is, overcome, you must determine if the conservatee is now incapable of communicating, with or without . reasonable accommodations, a desire to participate in the voting processand therefore may be disqualified from voting pursuant to Section 2208 of the Elections Code, or if previously was found incapable of communicating that desire continues ,to be incapable of dbing so with or without accommodations. The Conservatee may not be disqualified from voting on the > basis that he or she does, or vvould need to do any ofthe 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. d.~ IX] The court has made an order or orders under (select all that apply): Probate Code section 1873 (authority of conservatee to enter into transactions) III Probate Code section 1880 (conservatee's capacity to give informed consent to medical treatment) [I] Probate Code section 1901 (conservatee's capacity to marry). Determine whether the present condition of the conservatee is such that the terms of the court order or orders identified above should be modified or the order or orders revoked. e. To the extent practicable, review the conservator's accounting with the conservatee if he or she has sufficient capacity. f. Inform the court immediately if you are unable at any time to locate the conservatee. " This form is for ordering review investigations and reports under Probate Code sections 1850 and 1851 or investigations and reports concerning appointment of a successor conservator under Probate Code section 2684 or 2686. The Order Appointing Court Investigator (form GC-330) may be used to order initial and other investigations and reports under Probate Code sections 1826, 1894, 2250.6, and 2253. The Order Setting Biennial Review Investigation and Directing Status Report Before Review (form GC-332) may be used to order a biennial review investigation and status report under Probate Code section 1850(a)(2)). See Cal. Rules of Court, rule 7.1060. Page1 oI 3 Form Approved for Optional Use Probate Code, §§ 1454, 1850, 1851, 1873, Judicial Council of California ORDER APPOINTING COURT INVESTIGATOR 1880,1901, 2356.5, 2684, 2686, 60-331 IRevI July 1. 20161 (ReVIew and Successor Conservator Investigations) oaI. RuIesoIcoun. rule 7.1050 www'cou"s'°a 9°” (Probate-Guardianships and Conservatorships) GC-331 CONSERVATORSHIP OF THE of (name): Timothy L. [E PERSON E] ESTATE CASENUMBER. PR-39399 Scherbert ....................................................................................... 3 . CONSERVATEE 1- g. [:1 (lfthe conservator is authorized to act under Probate Code section 2356.5-dementia treatment or placement) Advise the conservatee specifically that he or she has the right to object to the conservatospowers granted under section 2356.5. Determine whether the Conservatee objects to the conservator's powers under section 2356. 5, whether the powers granted under section 2356. 5 are warranted and whether some change in those powers is warranted. h. [:1 (For/imited conservatorship only) Make a recommendationlregarding the continuationor termination of the limited conservatorship. i. :1 W (For conservatorships existing on December 31, 1980, in which the conservatee has not been adjudged incompetent) Determine whether an order should be made under Probate Code section 1873 broadening the capacity of the conservatee. j. including a statement of the facts on which theifindings are Certify in writing to the court your determinations andifindings, based, not less than 15‘ days before the date of review under Probate Code section 1850. Do not disclose confidential medical information or confidential criminal history information from the California Law Enforcement Telecommunications System (CLETS) in the body of your report. Place all such informationin one or more separateattachments to the report. k. At the same time your report is certified to the court, mail copies to the conservator and to the attorneys of record for the conservator and the conservatee. l. [:1 Mail copies of your report,modified by deletion of all attachments containing confidential medical information and confidential information from CLETS, to the conservatee's spouse or registered domestic partner and relatives within the first degree or, if there are no such relatives, to the conservatee's next closest relative. m. [:1 Mail copies of your report, modified by deletion of all attachments containing confidential medical information and confidential information from CLETS, to the conservatee's spouse or registered domestic partner and relatives within the first degree or, if there are no such relatives, to the conservatee's next closest relative 1:] except the person or persons named in Attachment 1m because the court has determined that mailing to that person or persons will result in harm to the conservatee. n. l:| Comply with the other orders specified on Attachment 1n. 2. [I] Review investigation on the court's own motion or on request YOU ARE DIRECTED, by an interested person [I] on the court's own motion, .[:1- of at the request (name): an interested person, to conduct a review investigation of the conservatorship and make a report to the court as follows(specify): ‘ :1 Continued in Attachment 2. - ~ @0331 [RBV~J“‘Y-1-»2°161 . ORDER APPOINTING COURT INVESTIGATOR "992°" (Review and Successor Conservator Investigations) (Probate-Guardianships and Conservatorships) *~ GC-331 CONSERVATORSHIP OF THE of (name): Timothy L. Scherbert PERSON [I] [E..................................................................................... ESTATE CASE NUMBER PR-39399 . CONSERVATEE 3. [:1 Successor conservatorinvestigation a. [:1 A petition for appointment of a successor conservator has been filed in this matter. The petition does not allege that the conservatee will be present at the hearing on the petition, which is scheduled as follows: ‘ Date: Time: Dept.: b. C] A petition for appointment of a successor conservator has been filed in this matter. The petition alleges that the conservatee would be present at the hearing on the petition, but the conservatee failed to appear at the hearing. The hearing has been continued to the following date, time, and department: Date: Time: Dept.: c. YOU ARE DIRECTED TO: (1) lnterview the conservatee personally. (2) Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the proposed successor conservator, and the conservatee's rights to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee chooses, and to have legal counsel appointed by the court if the conservatee is unable to retain legal counsel. (3) Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed. (4) If the conservatee is not represented by legal counsel, determine whether he or she wishes to be represented by legal counsel and, if so, identify the attorney whom the conservatee wishes to retain or whether he or she desires the court to appoint legal counsel. (5) lf the conservatee does not plan to retain legal counsel and has not requestedappointment of legal counsel by the court, determine whether the appointment of legal counsel would be helpful to resolution of the matter or is necessary to protect the interests of the conservatee. (6) ‘Report to the court in writing, at least five days before the hearing or continued hearing, concerning items (2)-(5), including the conservatee's express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed. (7) hearing, a copy of the report identified Mail, at least five days before the hearing or continued in item (6) to the attorneys, if any, for the petitioner and the conservatee and to the following additional persons (specify): :1, Continued in Attachment 3. 4. Number of pages attached: Date “7 \w ‘ SlGNAfi'URE FOLLOWS LAST ATTACHMENT \\- [Rel 60-33.? Jaw 1-20161 , ORDER APPOINTING COURT INVESTIGAT/OR Paw 0“ (Review and Successor Conservator Investigations) (Probate-Guardianships and Conservatorships)