Serve conservatorship papers in person

After you file your Petition and get a court date, you must have another adult (called a server) hand-deliver a copy of your Petition and the Citation to the adult with the developmental disability.

Before you start

illustration of paper copies

Make a copy of the filed Citation (form GC-320). One your server delivers to the adult with the developmental disability. The other is for your server to fill out and sign (on Page 2) once they've delivered the papers.

How to serve in person

  • Choose a server

    You can't serve papers yourself. Ask another adult – a server – to deliver the papers.  

    Your server must be: 

    • 18 or over, and 

    • Not someone who signed the Petition

    Your server can be: 

    • Someone you know 

    • A professional process server you hire 

  • Figure out the deadline to serve

    Unless the court orders a different deadline to serve, your server must hand-deliver the papers at least 15 days before your court date.

    Take out a calendar and find your court date (it’s listed on the first page of your Notice of Hearing). 

    1. Count back 15 days. Your court date is not counted (so it’s day “0”). 

    1. When you get to the 15th day, check what day it is:  

    •  If it’s not a holiday or weekend, that’s your deadline. 

    • If it’s a Saturday or Sunday or court holiday, count back to a day that court would be open. That’s your deadline. 

    Your server needs to hand-deliver the papers on or before this date.

     

  • Have your server give the papers to the other person

    Your server must find the other person and hand them a:

    •  Copy of your Petition for Appointment of Probate Conservator and any attachments or other forms you filed

    • Copy of your Citation

    Tell your server to write down the date they hand-delivered the papers. Your server needs this date to fill out the Proof of Service form. 

    Your server can leave the papers next to them and tell them what they are. For example, your server can leave the papers on the ground next to them and say, "These are important legal papers for you." 

     

    Your server needs to try delivering the papers on different days of the week and at different times. If they're never there, your server may be able to try substituted service. There are different rules for this type of service.
  • Have your server complete the Proof of Service

    Your server fills out and signs Page 3 (the Proof of Service) on the Citation (form GC-320).

     

    Your server must sign and date the form. 

  • Copy and file the Proof of Service

    File the Citation with the completed Proof of Service. If you make a copy, the clerk will stamp your copy so you can keep it for your records.

    File the Proof of Service at least 5 court days before your hearing.
     

Conservatorship

What's next?

Before the court date, someone appointed by the court (an investigator) will contact you.

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