You file California Form GC-320 to ask the probate court to appoint a conservator for an adult who can no longer care for themselves or manage their finances. The form starts a court case under the California Probate Code section 1820 and triggers strict notice, investigation, and hearing rules.
A 2024 report from the California State Auditor’s conservatorship review found that more than 40,000 adults live under probate conservatorships in California, and many petitions get rejected for paperwork errors. Filing GC-320 wrong delays care, wastes filing fees, and can leave a vulnerable adult without protection for weeks or months.
Here is what this guide gives you:
- 📋 A line-by-line walkthrough of every box, attachment, and signature on Form GC-320
- ⚖️ Plain-English answers about Probate Code rules, notice deadlines, and the clear and convincing standard from Conservatorship of O.B.
- 👨👩👧 Three named examples covering person-only, estate-only, and combined petitions across Los Angeles, San Francisco, and San Diego counties
- 🚫 The 7 most common filing mistakes that get petitions rejected or continued
- 💵 Current 2026 fees, bond rules, and county-by-county filing nuances you must know before you walk into the clerk’s window
What Form GC-320 Actually Is
Form GC-320 is the Judicial Council form titled Petition for Appointment of Probate Conservator. It is the document that opens a probate conservatorship case in any California superior court. Without this form, no judge can appoint anyone to make health or money decisions for another adult.
The form serves three jobs at once. It tells the court who needs help, who wants to help, and what powers the helper needs. Each of these jobs maps to a different part of the form, and each part has its own rules under the Probate Code section 1821.
A conservatorship is a court order that takes legal rights away from one adult and gives them to another. That is a very serious step. The judge will only sign the order if the petition proves, by clear and convincing evidence, that the adult cannot care for themselves or their property. The California Supreme Court in the O.B. ruling on appellate review confirmed this high standard applies on appeal too.
A common misconception is that GC-320 alone is enough. It is not. You must file it with several companion forms, give legal notice to many people, and appear at a court hearing. Skipping any step voids the petition.
Probate vs. LPS Conservatorships
Form GC-320 only opens a probate conservatorship. A probate conservatorship handles adults who cannot manage daily life because of age, dementia, stroke, brain injury, or developmental disability. The rules live in Probate Code Division 4.
An LPS conservatorship is different. It comes from the Lanterman-Petris-Short Act in Welfare and Institutions Code and applies to adults with grave mental illness who need locked psychiatric care. Only the county public guardian or county counsel can file an LPS petition, never a family member.
The consequence of mixing these up is dismissal. If you file GC-320 for someone whose primary issue is severe schizophrenia or bipolar disorder needing inpatient psychiatric placement, the judge will deny the petition and tell the family to ask the county to file an LPS case instead.
General vs. Limited Conservatorship
A general probate conservatorship covers adults who once had full capacity but lost it. Think of an 82-year-old grandmother with advanced Alzheimer’s. Her conservator gets broad powers under Probate Code section 2351.
A limited conservatorship covers adults with developmental disabilities, such as Down syndrome, autism, or cerebral palsy, who turned 18 and need help but still keep many rights. The conservator only gets the seven specific powers listed in Probate Code section 1801(d). You must check the limited box on GC-320 and file Form GC-320(LC) attachment to ask for each power.
Mixing up general and limited carries real consequences. A judge in Los Angeles will reject a general petition for a 19-year-old with autism because limited is the least restrictive alternative required by Probate Code section 1800.3.
A real-world example: Maria Lopez of Santa Ana files a general petition for her 21-year-old son, who has moderate autism. The judge continues the hearing, orders her to refile as a limited conservatorship, and assigns the regional center under the Lanterman Act to write a report. Maria loses two months and pays a second filing fee.
Before You Touch the Form
You need facts in hand before you start typing. Gather the proposed conservatee’s full legal name, every alias, date of birth, current address, and the address where they will live after the order. You also need a list of every close relative within the second degree, which means spouse, registered domestic partner, parents, children, grandparents, grandchildren, and siblings.
You need a doctor too. While the doctor’s Capacity Declaration on Form GC-335 is a separate filing, the medical facts on it must match what you write on GC-320. A mismatch invites a continuance.
You also need a clear theory. Ask yourself: do I need power over the person, the estate, or both? Person means health, food, shelter, and medical decisions. Estate means money, bills, real property, and contracts. Many petitioners need both, but some only need one. The narrower the powers, the faster the judge approves.
Filing Fees in 2026
The 2026 first-paper filing fee for a probate conservatorship petition in California is $465 in most counties under the Government Code section 70650 fee schedule. Court investigator fees run another $700 to $1,200, billed to the estate or the petitioner if no estate exists.
You can ask the court to waive these fees. Use Form FW-001 fee waiver request if your household income is below 125 percent of the federal poverty line or you receive Medi-Cal, CalFresh, SSI, or similar aid.
Counties layer extra fees on top. Los Angeles charges a $30 court reporter fee per hearing day under Los Angeles Superior Court local rule 4.4. San Francisco adds a $24 e-filing fee. Skipping a local fee at the clerk’s window means your case never gets a hearing date.
Filling Out Form GC-320 Line by Line
The form runs five pages plus attachments. Every line matters. Below is the full walk-through.
Caption Block
The top of page 1 lists the court name, branch address, and parties. Write Superior Court of California, County of [your county] and the exact branch where probate cases are heard. In Los Angeles, that is the Stanley Mosk Courthouse for downtown filings under the LASC probate department directory.
Under Conservatee, write the proposed conservatee’s full legal name in capital letters. Under Petitioner, write your name. Leave the case number blank because the clerk stamps it on filing.
A common mistake is writing the conservatee as “petitioner” out of habit. The consequence is that the clerk rejects the form at intake, and you have to start over. Read each label twice before you write.
Item 1: Petitioner’s Name and Capacity
Item 1 asks for your name and your legal interest. You can be the proposed conservatee themselves, a spouse, a relative, a friend, a public official, or the proposed conservator. Check every box that applies, and sign as one or more of these roles.
Item 1 also asks you to name the proposed conservator. This can be the same person as the petitioner, or a different person, or a professional fiduciary licensed under the Professional Fiduciaries Bureau. Write the full name and address.
A mini-scenario: David Chen of San Francisco files for his mother. He is both petitioner and proposed conservator. He checks “relative” and “proposed conservator” on item 1. If he forgets to check “proposed conservator,” the clerk may flag the petition because no one has asked for the job.
Item 2: Type of Conservatorship
Item 2 lets you pick conservator of the person, of the estate, or both. You also pick general or limited here, and you mark whether you want temporary powers under Probate Code section 2250 on a separate Form GC-110 temporary petition.
Person means caring for the body. Estate means caring for the wallet. Both means both. Limited applies only to developmental disabilities, as covered above.
The consequence of picking wrong is delay or denial. If you pick estate but the conservatee has no money, the judge may strike that part. If you pick person but the conservatee owns a house and gets scammed weekly, the judge may want estate too and continue the hearing.
Item 3: Bond
Item 3 covers the bond. A bond is an insurance policy that protects the estate if the conservator steals or wastes money. Under Probate Code section 2320, the court requires a bond unless the conservator has none of the conservatee’s money to manage.
You write a dollar amount equal to the value of personal property plus one year of income, plus a cushion for cost of recovery. For an estate worth $300,000 in cash and $40,000 in yearly Social Security, the bond is roughly $375,000.
You can ask to waive the bond if all assets sit in a blocked account under Probate Code section 2328. A blocked account is a bank account no one can touch without a court order. Check the box and attach proof.
A common misconception is that family conservators never need a bond. They almost always do. Skipping the bond box gets the petition continued every time.
Item 4: Notice and Hearing
Item 4 lists everyone who must get notice. The list comes from Probate Code section 1822. It includes the spouse, all children, parents, siblings, and any agent under a power of attorney. You must mail notice at least 15 days before the hearing using Form GC-020 Notice of Hearing.
You must also personally serve the proposed conservatee with the petition, the citation on Form GC-320 attachment citation, and a copy of the Advisement of Rights. Personal service means a process server hands the papers to the conservatee directly. Mail does not work.
Skipping or botching notice is the number one reason petitions fail. The consequence is a continuance of 30 to 60 days, plus the cost of re-serving everyone.
Item 5: Reasons for Conservatorship
Item 5 is the heart of the petition. You explain why the proposed conservatee needs help. You must give specific facts, not labels. Saying “Mom has dementia” is not enough. You write “Mom forgot to turn off the stove three times in March 2026, wandered out of the house at night on April 2 and 9, and signed a $14,000 contract for unneeded roof work on April 18.”
You attach extra pages on Form MC-025 attachment if you run out of room. The facts must be first-hand or based on records, not rumor.
The consequence of vague facts is a denial under the clear and convincing standard the Supreme Court reaffirmed in O.B.. Judges read item 5 closely. Vague item 5 means no order.
Item 6: Dementia Powers
Item 6 only applies if the proposed conservatee has dementia and you want power to place them in a secured facility or to use dementia medications. This requires the doctor to fill out Form GC-335A dementia attachment. Without that doctor form, you cannot get dementia powers no matter what item 6 says.
The consequence of asking for dementia powers without the doctor form is denial of those specific powers, even if the rest of the order goes through. The conservatee then cannot be moved to a memory care unit, which can leave them at risk.
A common mistake is checking the dementia boxes “just in case.” Judges scrutinize these powers closely under Probate Code section 2356.5. Only check what the doctor supports.
Item 7: Character and Background of Proposed Conservator
Item 7 asks if the proposed conservator has any criminal record, bankruptcy, or pending lawsuits. You must answer fully and truthfully. Lying is perjury. The court runs a background check using Form GC-313 Confidential Conservator Screening, which is filed under seal.
If you have an old DUI from 15 years ago, disclose it. The court may still appoint you. If you hide it and the court finds out, you lose the appointment and may face criminal charges.
A real-world example: Jasmine Rivera of Sacramento has a 2012 misdemeanor for shoplifting. She discloses it on item 7 and explains the circumstances. The judge appoints her anyway because the offense is old and unrelated to fiduciary duty. Hiding it would have gotten her removed.
Item 8: Estimated Estate Value
Item 8 estimates the conservatee’s gross estate, annual income, and annual expenses. The numbers drive the filing fee tier in some counties and set the bond amount. Use real figures from bank statements and Social Security letters.
A common mistake is guessing low to dodge fees. Clerks compare the numbers on item 8 to the Inventory and Appraisal on Form GC-040 filed within 90 days of appointment. Big gaps trigger a court audit.
The consequence of a big gap is a surcharge against the conservator personally. That means you pay back the difference out of pocket plus interest under Probate Code section 2401.3.
Items 9-12: Relatives, Notice, and Verification
Items 9 through 11 list every relative within the second degree, their addresses, and their relationship. Missing a relative voids notice. If the conservatee has 6 children, you list all 6, even the estranged one in another state.
Item 12 is the verification under penalty of perjury. You sign here. Your signature swears that everything you wrote is true. Lying is a felony under Penal Code section 118.
The consequence of missing a relative is a continuance and a re-mailing of notice. The consequence of false verification is criminal liability and removal as conservator.
Required Companion Forms
Form GC-320 never travels alone. The full filing packet always includes additional Judicial Council forms.
You file Form GC-310 is for guardianship of a minor, not conservatorship, so do not confuse the two. For an adult conservatorship, the core packet is GC-320 plus the items below.
You file Form GC-312 Confidential Supplemental Information under seal to give the judge medical and financial details. You file Form GC-313 for the screening. You file Form GC-348 Duties of Conservator to acknowledge your fiduciary duties. You file Form GC-335 with the doctor’s signed capacity declaration. You file Form GC-314 Citation for Conservatorship for personal service. You file Form GC-020 for notice to relatives. And you propose an order on Form GC-340 Order Appointing Probate Conservator and letters on Form GC-350 Letters of Conservatorship.
Skipping a single companion form delays the case. Every probate clerk runs a checklist. Anything missing comes back over the counter or by mail rejection notice.
Three Common Filing Scenarios
Below are the three most common GC-320 scenarios. Each shows the choice you face and the consequence of getting it wrong.
Scenario 1: Elderly Parent With Dementia (Person + Estate)
| Filing Decision | Real-World Consequence |
|---|---|
| Check both person and estate on item 2 | Conservator can manage Mom’s bank accounts and place her in memory care |
| Attach Form GC-335A signed by neurologist | Judge grants dementia placement powers under section 2356.5 |
| List all 4 adult children on item 9 | Notice is valid, hearing goes forward |
| Estimate $420,000 estate and post $475,000 bond | Bond is sufficient, no continuance |
| Skip the dementia attachment | Judge denies placement power, Mom stays home and wanders again |
Scenario 2: Adult Child With Developmental Disability (Limited)
| Filing Decision | Real-World Consequence |
|---|---|
| Check limited on item 2 | Court applies the seven-power list from section 1801(d) |
| File Form GC-320(LC) with all 7 powers requested | Conservator gets education, medical, marriage, contract, social, residence, and confidential records powers |
| Notify regional center under Lanterman Act | Regional center submits required report |
| Petition uses general form by mistake | Judge continues hearing, orders refile as limited |
| File without doctor’s capacity declaration | Petition denied for lack of evidence |
Scenario 3: Spouse After Stroke (Estate Only)
| Filing Decision | Real-World Consequence |
|---|---|
| Check estate only on item 2 | Spouse keeps medical decision rights through advance directive |
| List $1.2M estate and request $1.35M bond | Bond protects assets fully |
| Petition for substituted judgment under section 2580 | Court can authorize estate planning moves |
| Forget to serve agent under power of attorney | Notice defective, hearing continued |
| File in wrong county | Case dismissed, must refile in county of residence |
Three Named Examples
Below are three named examples that walk through real choices in real California counties.
Example 1: Robert Kim in Los Angeles
Robert Kim is 58 and lives in Glendale. His 84-year-old mother, Soo Kim, has advanced Alzheimer’s. She lives alone in Koreatown and recently gave $30,000 to a phone scammer.
Robert files GC-320 in the Stanley Mosk Courthouse probate department. He checks person and estate, requests dementia placement powers, and lists his 3 siblings. He posts a $310,000 bond. He attaches Form GC-335A from Soo’s neurologist. The Los Angeles court investigator visits Soo within 30 days under Probate Code section 1826. Robert is appointed at the first hearing.
Example 2: Aisha Johnson in San Francisco
Aisha Johnson is 32. Her younger brother, Marcus, just turned 18 and has Down syndrome. He lives at home with their mother in the Mission District.
Aisha files a limited conservatorship using GC-320 and the GC-320(LC) limited attachment. She files in San Francisco under San Francisco Superior Court probate local rules. She requests all 7 powers, notifies the Golden Gate Regional Center, and works with court-appointed counsel for Marcus. The judge grants medical, education, and residence powers but defers the marriage power until a future review. Aisha learns the least restrictive alternative rule the hard way.
Example 3: Carlos Mendoza in San Diego
Carlos Mendoza is 47. His wife, Elena, age 45, suffered a severe stroke and cannot manage their joint rental property business. She still talks and walks but cannot read contracts.
Carlos files GC-320 for estate only in the San Diego Superior Court probate division. He uses Elena’s advance health care directive to keep medical decisions out of court. He requests substituted judgment under Probate Code section 2580 to update their estate plan. He posts a $1.4 million bond. The judge grants the order in 8 weeks.
Mistakes to Avoid
Below are the most common mistakes that get GC-320 petitions rejected, continued, or denied. Each comes with the negative outcome.
- Filing in the wrong county. You must file in the county where the proposed conservatee lives. Filing elsewhere means dismissal and refiling, costing months.
- Skipping personal service on the conservatee. Mail does not satisfy Probate Code section 1824. The hearing gets continued every time.
- Missing a second-degree relative on item 9. Notice is defective, the judge continues, and you pay to re-serve.
- Forgetting Form GC-335 capacity declaration. Without medical evidence, the judge cannot find clear and convincing proof and denies the petition.
- Asking for dementia powers without GC-335A. The dementia powers are stripped from the order, leaving the conservatee unprotected in placement decisions.
- Underestimating the bond. The court orders a higher bond on the spot, the conservator scrambles to buy more coverage, and the appointment is delayed.
- Hiding a criminal record on item 7. The background check finds it, you lose the appointment, and you may face perjury charges.
- Using the general form for a developmentally disabled adult. The judge orders refile as limited under the least restrictive alternative rule.
- Lying or guessing on item 8 estate values. A surcharge action follows after the inventory comes in higher.
- Filing without paying or waiving the fee. The clerk rejects the packet at intake.
- Failing to file the proposed order GC-340 and letters GC-350. Even if the judge grants the petition, no letters issue and the conservator has no legal authority.
Pros and Cons of a Probate Conservatorship
Filing GC-320 has real upsides and real downsides. Weigh both.
- Pro: A conservator can pay bills, sign contracts, and make medical decisions for an adult who cannot, preventing financial abuse.
- Pro: Court oversight under Probate Code section 1850 review hearings protects the conservatee from a bad conservator.
- Pro: A bond compensates the estate if the conservator steals.
- Pro: The order is recognized by every bank, hospital, and care facility, ending arguments over authority.
- Pro: The court can authorize estate planning and Medi-Cal moves through substituted judgment.
- Con: Filing fees, bond premiums, and attorney fees often exceed $5,000 in the first year alone.
- Con: The conservatee loses many civil rights, including the right to vote in some cases and the right to sign contracts.
- Con: Annual accountings, status reports, and reviews never end until the conservatee dies or the court terminates.
- Con: Family conflict often explodes when one relative becomes the conservator and others feel sidelined.
- Con: Less restrictive options like a power of attorney, a special needs trust, or supported decision-making may serve the same goals with less court control.
Dos and Don’ts
Below is a quick list of things to do and things to skip when you file GC-320.
- Do read Probate Code sections 1820 through 1853 before you start, so you know the rules.
- Do consult a probate attorney even for a 30-minute paid review, because one missed line costs more than the consult.
- Do call the court self-help center, which every California superior court runs under Judicial Council self-help resources.
- Do mail notice 15 days before the hearing using certified mail with return receipt, which proves service.
- Do keep copies of every form, every receipt, and every signed proof of service in a single binder.
- Don’t sign the verification on item 12 without reading the whole petition again, because you swear under penalty of perjury.
- Don’t ask for more powers than you actually need, because broader requests draw harder scrutiny.
- Don’t assume the conservatee will agree, because they have a right to court-appointed counsel under Probate Code section 1471.
- Don’t skip the GC-348 duties acknowledgment, because the clerk rejects the packet without it.
- Don’t ignore the court investigator’s calls, because the investigator’s report drives the judge’s decision.
Notice Rules in Detail
California requires layered notice. The proposed conservatee must be personally served at least 15 days before the hearing under Probate Code section 1824. All second-degree relatives must be mailed notice at least 15 days before the hearing under section 1822.
If the conservatee lives in a skilled nursing facility, you must also give notice to the State Long-Term Care Ombudsman. If the conservatee is a Native American, the Indian Child Welfare Act notice rules may apply by analogy in some counties.
The consequence of any notice failure is the same. The judge continues the hearing, you pay for re-service, and the proposed conservatee remains unprotected meanwhile. A common misconception is that brothers and sisters can “waive” notice with a phone call. Waiver must be in writing on Form DE-121(S) Waiver of Notice or its conservatorship equivalent.
County-by-County Nuances
California has 58 counties and each runs its probate calendar a little differently.
Los Angeles uses a probate volunteer panel program for limited conservatorships under LASC probate guide. San Francisco requires e-filing for almost all probate matters through its San Francisco e-filing portal. San Diego uses Probate Notes posted online before each hearing under the San Diego Probate Notes system, and you must clear all notes before showing up.
Orange County requires mandatory mediation in some contested cases under Orange County Superior Court probate rules. Sacramento has a strict pre-grant procedure that issues tentative rulings on its Sacramento Superior Court tentative rulings page. Skipping a local rule is the same as skipping a state rule. Both kill your hearing.
Recap of Key Rulings
The California Supreme Court in Conservatorship of O.B. confirmed that the clear and convincing standard applies on appeal, not just at trial. That means a judge must truly believe the evidence is highly probable, not just more likely than not.
The Court of Appeal in Conservatorship of Whitley addressed attorney fee awards for public-interest petitioners. The Court of Appeal in Conservatorship of Wendland set the standard for withdrawing life support from a conservatee, requiring clear and convincing proof of the conservatee’s wishes or best interests.
These cases shape how judges read GC-320 petitions today. A petition that ignores them invites quick denial.
Key Entities You Will Meet
Your case touches many people and offices.
The court investigator is a court employee who interviews the proposed conservatee and writes a report under Probate Code section 1826. The court-appointed counsel represents the conservatee in court under Probate Code section 1471. The probate examiner reviews paperwork before the hearing and posts notes online in many counties.
The regional center enters every limited conservatorship case under the Lanterman Developmental Disabilities Services Act. The Professional Fiduciaries Bureau licenses paid private fiduciaries under Business and Professions Code section 6500. The public guardian of each county serves when no family steps up under Probate Code section 2920.
Each entity plays a role. Each role carries weight. Treating any of them as optional is a fast path to denial.
After You File
You walk out of the clerk’s window with a stamped petition, a hearing date, and a stack of work. You arrange personal service on the conservatee. You mail notice to relatives. You schedule the doctor for GC-335. You meet with the court investigator. You buy the bond from a California-licensed surety company. You attend the hearing and bring two extra copies of every form.
After the judge signs the GC-340 order, the clerk issues GC-350 letters. Those letters are your authority. Banks and hospitals will ask to see the original. Always carry certified copies, never the only original.
Within 90 days, you file the Form GC-040 Inventory and Appraisal listing every asset. Within one year, you file the Form GC-400 first accounting. Skipping these triggers a Probate Code section 2620 status review and possible removal.
FAQs
Do I need a lawyer to file Form GC-320?
No. California permits self-represented filing, but probate is technical. Most pro se petitioners benefit from at least a paid one-hour consultation or self-help center review before filing.
Is Form GC-320 used for minors?
No. Conservatorship covers adults age 18 and older. For minors, you file Form GC-210 guardianship petition instead under different Probate Code rules.
Can the proposed conservatee object to my GC-320 petition?
Yes. The conservatee has a right to court-appointed counsel under Probate Code section 1471 and may demand a jury trial under section 1827, fight every requested power, and present their own evidence.
Does GC-320 work for someone with severe mental illness?
No. Probate conservatorship is wrong for primary psychiatric placement needs. The county must file an LPS conservatorship under Welfare and Institutions Code section 5350 instead.
Will I have to post a bond if I file GC-320?
Yes. Almost every estate conservator must post a bond under Probate Code section 2320 unless all assets sit in a court-blocked account or the court waives the bond by written order.
How long does it take from filing GC-320 to appointment?
Yes, delays are normal. Standard timelines run 60 to 90 days in most counties. Temporary conservatorships under Form GC-110 can issue within days for urgent care needs.
Can I file GC-320 online in California?
Yes. Many counties accept e-filing, including San Francisco, Orange, and Santa Clara. Some smaller counties still require paper filing at the clerk’s window.
Does GC-320 take away the conservatee’s right to vote?
No. Under Elections Code section 2208, conservatees keep the right to vote unless the court specifically finds they cannot communicate a desire to participate.
Can I be paid as a conservator if I am a family member?
Yes. Family conservators may request reasonable fees from the estate at each accounting under Probate Code section 2640, subject to court approval and local fee schedules.
Does GC-320 work if my parent lives in another state?
No. You file in the California county where the proposed conservatee lives. For an out-of-state parent, you use that state’s process or pursue interstate transfer under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
What happens if I miss the hearing date on my GC-320 petition?
No appointment issues. The court takes the petition off calendar or dismisses it, and you must refile, repay the fee, and re-serve everyone, losing weeks or months of progress.
Can the conservatorship end after GC-320 is granted?
Yes. Either the conservatee, the conservator, or any interested party may petition for termination under Probate Code section 1860 if the conservatee regains capacity or a less restrictive alternative becomes available.
Related reading
- How to Fill Out California Form GC-110 (w/Examples) + FAQs
- How to Fill Out California Form GC-120 (w/Examples) + FAQs
- How to Fill Out California Form GC-150 (w/Examples) + FAQs
- How to Fill Out California Form GC-200 (w/Examples) + FAQs
- How to Fill Out California Form GC-250 (w/Examples) + FAQs
- How to Fill Out California Form GC-710 (w/Examples) + FAQs