The Capacity Declaration (GC-335) in a California Conservatorship
One of the most important documents in a conservatorship case is the Confidential Capacity Assessment and Declaration, form GC-335, completed by a California licensed physician or psychologist. Most of the form is dedicated to assessing the proposed conservatee's cognitive functioning, things like memory, attention, and reasoning. Based on that assessment, the clinician then offers an opinion on whether the person has the capacity to make their own medical decisions.
What is the Capacity Declaration (GC-335)?
In your petition to the court, you explain why your loved one needs a conservatorship. The Capacity Declaration brings in someone else's assessment. A licensed physician or psychologist examines the person and gives their own independent medical opinion.
The clinician works through a list of mental functions, things like alertness, attention, memory, and reasoning, and rates how impaired the person is in each one. It's a structured assessment tied to specific standards in the Probate Code, not a general impression. At the end of the form, the clinician checks a box saying whether, in their opinion, your loved one has the capacity to give informed consent to medical treatment.
When Dementia is Involved
If the proposed conservatee has a major neurocognitive disorder, like Alzheimer's or another form of dementia, the form includes two additional, specific questions for the clinician to address.
The first is whether the person needs placement in a secured-perimeter (locked) facility. The form asks the clinician to explain the specific reasons placement is needed, for example wandering, violence, or rejecting care.The second is whether the person would benefit from medication for the treatment of dementia. In a California conservatorship, you need permission from the court to place your loved one in a secured-perimeter facility or have medications for dementia administered to them.
The Everyday Activities Attachment (GC-335A)
The optional GC-335A zooms in on something concrete: how the person actually functions day to day.
It walks through specific abilities and rates each one based on how much assistance the person needs. It covers two categories:
Activities of daily living (ADLs): The fundamentals of caring for oneself, such as preparing meals and eating adequately, and recognizing and protecting oneself from abuse or neglect.
Instrumental activities of daily living (IADLs): More complex tasks like handling and protecting cash, managing finances, and other decisions that require higher functioning.
While this form is optional, the value of this attachment is that it gives the judge a granular, functional portrait rather than a single yes-or-no on capacity, which helps the court decide both whether a conservatorship is warranted and how broad it should be. It can be completed by the assessing clinician or by another qualified “licensed professional” (such as a physician, psychologist, registered nurse, nurse practitioner, physician assistant, clinical social worker, or occupational therapist, or other professional) working with them.
The Declaration on Medical Ability to Attend Hearing (GC-325)
In California, a proposed conservatee generally has the right, and the expectation, to attend the court hearing on their conservatorship. It's their case, and the law wants them present and heard.
But sometimes a person genuinely can't attend for medical reasons. That's what the GC-325 form, the Confidential Declaration on Medical Ability to Attend Hearing, is for. A physician completes it to tell the court whether the proposed conservatee is medically able to be there, and, if not, why. It's the mechanism for asking the court to excuse the person's attendance on medical grounds.
Some counties require this form no matter what. Some counties will only want it if the conservatee is not going to attend the hearing. And some counties do not require it at all. You’ll need to find out your specific county’s requirements (and if you’re working with an attorney, they should know).
Why these details matter
Conservatorship paperwork can be unforgiving. A missing or incomplete capacity declaration, or the wrong assumption about which specific forms your county requires, can delay your hearing.
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Knowing exactly which forms your county requires, and making sure the clinical declarations are complete and consistent, is a big part of what I do. I guide families through the entire conservatorship process so nothing stalls over a technicality. I handle every case personally and offer flat-fee arrangements for many matters, serving families throughout Marin, the greater Bay Area, and beyond.
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This article is general information about California law and is not legal advice. Judicial Council forms and county local rules change over time, and requirements vary by court. Always confirm the current forms and your county's specific requirements, and consult a qualified conservatorship attorney for your situation.
