|
Local Probate Rules of Court
PROBATE RULE 12 GUARDIANSHIPS
A. GUARDIAN OF MINOR'S ESTATE
B. PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR’S PERSON
C. OBJECTION TO GUARDIANSHIP
D. DUTIES OF GUARDIAN
E. ATTENDANCE AT THE HEARING
F. CHANGE OF RESIDENCE OF GUARDIAN OR WARD
G. USE OF WARD’S ASSETS FOR SUPPORT
H. ACCOUNTINGS
I. TERMINATION OF GUARDIANSHIP OF THE PERSON
J. TEMPORARY GUARDIANSHIPS
K. REMOVAL OF GUARDIAN
L. VISITATION
M. FIXING RESIDENCE OF A WARD OUTSIDE CALIFORNIA
A. GUARDIAN OF MINOR'S ESTATE
(1) BOND REQUIRED
Bond will be required for the first year for the guardian of
a minor's estate. Bond will be required for the first year for the guardian
of the estate even though a nomination of guardian has been signed waiving
bond. The provisions of sections 4.C through 4.F of these local rules apply
to guardianships. The amount of the bond must include one year's income from
all sources of income of the ward, any sums required under Probate Code
§2320(c), and the value of real property as specified in
Rule 4.A of these rules for guardians authorized
to sell or encumber such property pursuant to Probate Code §2590.
(Eff. 1/01/08)
(2) INDEPENDENT POWERS
A request for independent powers under Probate Code §§ 2590
and 2591 will not be granted without specifying each power requested and the
specific reason for the need for each power requested.
(Eff. 1/01/08)
(3) FILING OF INVENTORY AND APPRAISAL
The Inventory and Appraisal and the Notice of How to File an
Objection must be filed and served within 90 days of appointment pursuant to
Probate Code §2610. A copy must also be served on the Court Investigator. At the time of appointment, the Court will set a compliance
review approximately 94 calendar days after the appointment to confirm that
the Inventory and Appraisal and Notice of How to File an Objective have been filed
and served. If the Inventory and Appraisal
is not on file at that time, the Court may issue an order to produce the
Inventory and Appraisal, which will be served by certified mail on the
guardian and on the attorney for the guardian.
(Eff. 7/01/08)
B. PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR'S PERSON
(1) INVESTIGATION
The proposed guardian must complete and sign under penalty of perjury a "Referral for
Court Investigator & Questionnaire -- Guardianship" (attached local form PB-4005)) at the time the petition for
establishment of guardianship is filed. This form is confidential. Together
with the “Referral for Court Investigator & Questionnaire -- Guardianship”, the proposed guardian(s) must present a signed
Authorization for Release of Information
form (attached local form
PB-4014) to enable court investigators to access the information
required in Probate Code §1513.
(Eff. 1/01/08)
(2) NOTICE
The following are the local addresses for notice according to Probate Code
§§1516 and 1542:
Program Manager
Emergency Response Services
Santa Clara County Social Services Agency
333 W. Julian Street
San Jose, California 95110
Social Services Agency
Department of Family and Children's Services
333 W. Julian Street
San Jose, California 95110
(Non-relative guardians only)
The California Department of Social Services
744 P Street
Sacramento, California 95814
(Non-relative guardians only)
(Eff. 7/01/02)
(3) MINOR'S FATHER UNKNOWN
If it is alleged that the minor's father is unknown, a photocopy of the
minor's birth certificate should be attached to the affidavit or declaration
in support of an order dispensing with notice. Use of the terms "withheld"
on the birth certificate with reference to the father does not mean
"unknown," and should be further explained in the allegation.
C. OBJECTION TO GUARDIANSHIP
Individuals objecting to a petition to establish a
guardianship may use the local form entitled Objection to Guardianship (attached form PB-4043). All persons objecting
to an appointment must submit a copy of the objections and any other
evidence to be filed in the matter to the Court Investigator.
(Eff. 1/01/08)
D. DUTIES OF GUARDIAN
To assure that their duties and obligations are understood,
each guardian must file with the Court, before letters of guardianship are issued,
the Judicial Council form entitled
"Duties of Guardian" (Form GC-248).
The form may be signed and submitted prior to the date set for hearing.
(Eff. 1/01/08)
E. ATTENDANCE AT THE
HEARING
The proposed guardian, the petitioner, and the petitioner's
attorney must attend the hearing. The guardian will receive instructions
concerning the guardian's duties immediately following the hearing.
(Eff. 7/26/00)
F. CHANGE OF RESIDENCE OF GUARDIAN OR WARD
A copy of the Notice of Intention to Change Residence of the
Ward, and also the Notice of Change of Residence of either the guardian or ward,
must be mailed
to the Court Investigator. This is in addition to the filing and notice
requirements of Probate Code §2352 and CRC 7.1013.
(Eff. 7/01/08)
G. USE OF WARD'S ASSETS FOR SUPPORT
If a ward has a living parent or receives or is entitled to
support from another source, prior Court approval must be obtained before
using guardianship assets for the ward's support, maintenance, or education.
(See Probate Code §2422.) The petition must set forth the financial
inability of the parent or parents or other circumstances that would justify
use of the guardianship assets. Such request for Court approval may be
included in the petition for appointment of guardian. An order granting such
petition should be for a limited period of time, usually not in excess of
six months or for a specific and limited purpose.
(Eff. 7/26/00)
H. ACCOUNTINGS
(1) REFERRAL TO COURT INVESTIGATOR
At the time of filing of the guardian's accounting, a
Referral for Investigator's Report form (attached
form PB-4005) must be submitted, attached to a copy of the accounting,
for review by the Court Investigator. See also Rule
9.A.(1)-(3) on the format of accountings and
Rule 9.A.(5) on accounting compliance dates.
(Eff. 1/01/08)
(2) ACCOUNTING REQUIRED AT TERMINATION UNLESS WAIVED;
ACCOUNTING COMPLIANCE DATES
At termination of a guardianship of the estate, an
accounting as required by CRC 7.1004, in the
format specified by these local rules must be filed unless waived by a ward
who has reached majority pursuant to Probate Code §2627. See CRC 7.1007(a); see also Section 9.A.(5) on
accounting compliance dates.
(Eff. 7/01/08)
I. TERMINATION OF GUARDIANSHIP OF THE PERSON
Whenever a petition to terminate a guardianship is brought,
the Petitioner must complete the local form entitled
"Referral for
Court Investigator & Questionnaire - Guardianship" (attached form PB-4005) and must attach a copy of the notice
of hearing and copy of the notice of hearing and copy of the petition to the referral form for review by the
Court Investigator. Individuals objecting to a Petition to Terminate
Guardianship may use the local form entitled Objection to Petition to Remove
Guardianship (attached form PB-4039).
(Eff. 1/01/08)
J. TEMPORARY GUARDIANSHIPS
(1) PETITION FOR APPOINTMENT
The petition for appointment of a temporary guardian must be filed with or
after the filing of a petition for appointment of a permanent guardian. The
petition must state facts establishing the urgency requiring the appointment
of a temporary guardian. A situation requiring immediate action to protect
the health, welfare, or the estate of the proposed ward will be sufficient.
Ordinarily, a situation requiring immediate action constitutes good cause.
(2) PRIOR REVIEW OF PETITION
All petitions for a temporary guardianship must be presented to the Probate
Examiner's office for review before presentation to the Court.
(Eff. 7/01/02)
(3) NOTICE
Since a petition for temporary guardianship is ordinarily filed only in
cases requiring immediate action, the Court may dispense with the
5-day-notice requirement. Petitioner must comply with the requirements of
CRC 7.1012. If notice is dispensed with by the Court, the petition
may be heard on an ex parte basis. Persons obtaining an ex parte order must
reserve a date for reconsideration within thirty days, pursuant to Probate
Code §2250(d).
(Eff. 7/01/08)
(4) LETTERS OF TEMPORARY GUARDIANSHIP
Letters of temporary guardianship expire on the appointment of a general
guardian.
(Eff. 7/26/00)
(5) POWERS OF TEMPORARY GUARDIAN
The temporary guardian has only those powers allowed by the Probate Code or
specifically granted by the Court. The Court generally grants only the
powers necessary to meet the situation that has caused the application for a
temporary guardianship.
(Eff. 7/26/00)
K. REMOVAL OF GUARDIAN
Individuals requesting removal of a guardian may petition
the Court for an order for removal. The petitioner may use the local form
entitled Petition to Remove Guardian (attached form
PB-4041). Anyone objecting to a petition to remove the guardian may
use the local form entitled Objection to Petition to Remove Guardian (attached
form PB-4036).
(Eff. 1/01/08)
L. VISITATION
Individuals requesting visitation orders in guardianships
may petition the court for an order for visitation. The petitioner may use
the local form titled "Probate Petition for Visitation" (attached local form PB-4013), and
the local form titled "Visitation Order (Probate)" (attached local form PB-4011) with
Judicial Council
form FL-341 titled “Child Custody and Visitation Order
Attachment.”
(Eff. 7/01/06)
M. FIXING RESIDENCE OF A WARD OUTSIDE
CALIFORNIA
The residence of a ward who is under a guardianship of the
person and who is a California resident may be fixed outside of California
only upon first obtaining the permission of the Court. Unless a longer
period is otherwise specified by the Court, the ward must be returned to
California within four months unless a guardianship proceeding (or its
equivalent) is commenced in the place of the new residence. If a ward is not
returned to California, a declaration must be filed showing proof of the
establishment of the guardianship (or its equivalent) in the new
jurisdiction. See Probate Code §2352. Petitioner must submit a local form
entitled "Referral for Court Investigator & Questionnaire -- Guardianship" (local attached form PB-4005) upon the filing
of a petition to fix the residence of the ward outside of California and
must attach a copy of the notice of hearing and a copy of the petition to
the referral form for review by the Court Investigator.
(Eff. 1/01/07)
Probate Rules: Summary -
Intro - 1 -
2 - 3 -
4 - 5 -
6 - 7 -
8 -
9 -
10 -
11 -
12 -
13 -
14 -
15 -
16 -17
List of attached Probate local forms
|
