Change of ward’s residence (Prob. Code, §2352)

(a) Notice before proposed change of residence

(1) Unless an emergency requires a shorter notice period a guardian of the person must deliver notice of an intended change of the ward’s residence to each persons listed below at least 15 days before the date of the proposed change and then file the original notice form and proof of delivery with the court.

(2) Except as provided in (e), notice must be delivered using one of the methods authorized by Probate Code section 1215 to:

(A) The ward, if 12 years of age or older;

(B) The ward’s attorney of record;

(C) The ward’s parents and any former Indian custodian;

(D) Any person who had legal custody of the ward when the first petition for appointment of a guardian was filed in the proceeding;

(E) Any guardian of the ward’s estate;

(F) Any person who was nominated as guardian of the ward but was not appointed;

(G) The ward’s tribe, if the ward is an Indian child and the tribe has intervened in the proceeding; and

(H) Any interested person who has requested special notice of the matter under Probate Code section 2700.

(3) If the notice is delivered less than 15 days before the intended date of the move, the guardian must describe the circumstances that require a shorter notice period.

(b) Notice after change of residence

(1) A guardian of the person must file a notice of any change of the ward’s residence with the court no more than 30 days after the date of the change. Unless waived by the court for good cause to prevent harm to the ward, the guardian, the guardian’s attorney, or an employee of the attorney must also deliver notice to each person listed below and file proof of delivery with the court.

(2) Except as provided in (e), notice must be delivered using one of the methods authorized by Probate Code section 1215 to:

(A) The ward’s attorney of record;

(B) The ward’s parents and any former Indian custodian;

(C) Any person who had legal custody of the ward when the first petition for appointment of a guardian was filed in the proceeding;

(D) Any guardian of the ward’s estate;

(E) Any person who was nominated as guardian of the ward but was not appointed; and

(F) The ward’s tribe, if the ward is an Indian child and the tribe has intervened in the proceeding.

(c) Use of Judicial Council forms GC-079 and GC-080

(1) A guardian must use Notice Before Proposed Change of Residence of Conservatee or Ward (form GC-079) for the notice required under (a) and Probate Code section 2352(e)(3) before a change of residence. The guardian, the guardian’s attorney, or an employee of the attorney may complete delivery of notice and, if applicable, sign and file the proof of delivery by mail on page 2 of the form.

(2) A guardian must use Notice After Change of Residence of Conservatee or Ward (form GC-080) for the notice required under (b) and Probate Code section 2352(e)(1) and (2) after a change of residence. The guardian, the guardian’s attorney, or an employee of the attorney may complete delivery of notice and, if applicable, sign and file the proof of delivery by mail on page 2 of the form.

(d) Court approval required before establishing ward’s residence outside California

Notwithstanding any other provision of this rule, court approval is required before a guardian may establish a ward’s residence outside the state of California.

(e) Wards 18 to 20 years of age

For a ward who is at least 18 but not yet 21 years of age, notice under this rule must be delivered only to the ward and the ward’s attorney of record.