The good cause exception to notice of the hearing on a petition for appointment of a temporary guardian

(a) Purpose

The purpose of this rule is to establish uniform standards for the good cause exception to the notice of the hearing required on a petition for appointment of a temporary guardian under Probate Code section 2250(e).

(b) Good cause for exceptions to notice limited

Good cause for an exception to the notice required by section 2250(e) must be based on a showing that the exception is necessary to protect the proposed ward or his or her estate from immediate and substantial harm.

(c) Court may waive or change the time or manner of giving notice

An exception to the notice requirement of section 2250(e) may include one or any combination of the following:

(1) Waiving notice to one, more than one, or all persons entitled to notice;

(2) Requiring a different period of notice; and

(3) Changing the required manner of giving notice, including requiring notice by telephone, fax, e-mail, or a combination of these methods, instead of notice by personal delivery to the proposed ward's parents or to a person with a visitation order.

(d) Good cause exceptions to notice

Good cause for an exception to the notice requirement of section 2250(e) may include a showing of:

(1) Harm caused by the passage of time. The showing must demonstrate the immediate and substantial harm to the ward or the ward's estate that could occur during the notice period.

(2) Harm that one or more persons entitled to notice might do to the proposed ward, including abduction; or harm to the proposed ward's estate if notice to those persons is given. Such a showing would not support an exception to the requirement to give notice to any other person entitled to notice unless it also demonstrates that notice cannot reasonably be given to the other person without also giving notice to the persons who might cause harm.

(3) The death or incapacity of the proposed ward's custodial parent and the petitioner's status as the custodial parent's nominee.

(4) Medical emergency. The emergency must be immediate and substantial and treatment (1) must be reasonably unavailable unless a temporary guardian is appointed and (2) cannot be deferred for the notice period because of the proposed ward's pain or extreme discomfort or a significant risk of harm.

(5) Financial emergency. The emergency must be immediate and substantial and other means shown likely to be ineffective to prevent loss or further loss to the proposed ward's estate or loss of support for the proposed ward during the notice period.

(e) Contents of request for good cause exception to notice

(1) When the temporary guardianship petition is prepared on the Petition for Appointment of Temporary Guardian (form GC-110), a request for a good cause exception to the notice requirement of section 2250(e) must be in writing, separate from the petition for appointment of a temporary guardian, and must include:

(A) An application containing the case caption and stating the relief requested;

(B) An affirmative factual showing in support of the application in a declaration under penalty of perjury containing competent testimony based on personal knowledge;

(C) A declaration under penalty of perjury based on personal knowledge containing the information required for an ex parte application under rule 3.1204(b); and

(D) A proposed order.

(2) When the temporary guardianship petition is prepared on the Petition for Appointment of Temporary Guardian of the Person (form GC-110(P)), a request for a good cause exception to the notice requirement of section 2250(e) may be included in the petition.