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Chapter 9 (Rules 7.400 to 7.429): initiation of the guardianship investigation (Rule 7.400); temporary guardianships (Rule 7.401); consultation with other departments re custody or dependency proceedings (Rule 7.402); guardianships for dependent children (Rule 7.403); restriction on parental use of a minor's estate (Rule 7.404); final account of guardian (Rule 7.405); setting a guardianship hearing when a temporary guardianship has not been granted (Rule 7.406); appointment of conservator (Rule 7.411); ex parte petitions for appointment of temporary conservatorships (Rule 7.412); specific medical treatment and placement (Rule 7.413); termination (Rule 7.414); accounts of conservator (Rule 7.415); orientation class requirements for unlicensed conservators (Rule 7.416); release of information by the court investigator for benefit of conservatees (Rule 7.417); temporary guardian or conservator (Rule 7.422); duties and conflicts (Rule 7.423); bonds (Rule 7.424); accounts (Rule 7.425); compensation and attorney's fees (Rule 7.426); independent exercise of powers (Rule 7.427); investments (Rule 7.428); and account statements with accountings (Rule 7.429).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 9. Guardianships and Conservatorships Guardianships Rule 7.400. Initiation of Guardianship Investigation The Probate Investigations Unit will initiate a guardianship investigation except when the court specifically directs otherwise, only after the petitioner(s) has submitted a complete Proposed Guardian(s) Information (Local Court Form GC-20). The Probate Investigations Unit will initiate a termination of guardianship investigation only after the petitioner(s) has submitted a complete Termination of Guardianship Information (Local Court Form GC-21). (Rule 7.400 new effective 1/1/15) Rule 7.401. Temporary Guardianships The Court will not order a change of custody under a temporary guardianship unless doing so appears necessary for the protection of the minor. Minimum notice to parents will be required unless justified by a supporting declaration. (Rule 7.401 revised effective 1/1/15) Rule 7.402. Consultation with Other Departments re: Custody or Dependency Proceedings Where a petition for guardianship of the person of a minor is pending and where it appears to the Court that a custody or dependency proceeding concerning the same minor is pending in any other department of the Superior Court, a consultation will be had between the judicial officers of the department in which such proceeding or writ is pending, and a determination made as to whether or not the matter should be heard separately or a consolidation arranged. (Rule 7.402 revised effective 1/1/15) Rule 7.403. Guardianships for Dependent Children A guardianship for dependent minor children must be established in Juvenile Court under Welfare and Institutions Code Sections 366.25(e) or 366.26(d). The Juvenile Court retains jurisdiction to modify, revoke or terminate such guardianships. See Welfare and Institutions Code Sections 366.3 and 366.4. (Rule 7.403 revised effective 1/1/15) Rule 7.404. Restriction on Parental Use of Minor’s Estate As there is a statutory liability upon the parents to support their children, where one or both parents are living, the Court will not permit guardianship funds to be used for the minor’s ordinary support and maintenance except upon a showing of the parents’ financial inability or other circumstances which would justify the Court in departing from this rule in the best interest of the minor. (Rule 7.404 revised effective 1/1/15) Rule 7.405. Final Account of Guardian (a) Appearance by ward An appearance by the ward at the hearing on the guardian’s final account and petition will be required unless either: (1) Proof of service is on file verifying that a copy of the final account and petition, and notice of hearing thereon, has been served upon the ward not less than fifteen (15) calendar days before the hearing, (Probate Code Section 1460), or (2) The ward’s written acknowledgment of receipt and approval of the petition and final account is on file. (b) Waiver of account by ward The Court does not favor the waiving by the ward of a guardian’s final account when the ward has reached majority, and normally the Court will not approve a petition when the final account is waived, unless the ward is present in Court at the time of the hearing. (c) Discharge of guardian (1) A guardianship of the person and estate will terminate pursuant to Probate Code Sections 1600 and 1601. (2) A discharge of the guardian will not occur until the expiration of one (1) year from the date the minor attained the age of eighteen (18) years. See Probate Code Section 2627. (3) In the case of a minor for whom a conservatorship will be required, a petition for appointment of a conservator may be filed during the proposed conservatee’s minority in order to make the appointment of a conservator effective immediately upon the minor’s attaining the age of eighteen (18) years (Probate Code Section 1820 (b). (Rule 7.405 revised effective 1/1/16) Rule 7.406. Setting guardianship hearing when a temporary guardianship has NOT been granted The matter shall be set for hearing generally not sooner than sixty (60) calendar days after the filing date to allow time for the Court Investigator’s Report. (Rule 7.406 new effective 1/1/17) Rule 7.407. – Rule 7.410. Intentionally Omitted Rule 7.411. Appointment of Conservator (a) Appointment of conservator Although Probate Code Section 2106 gives the Court discretion to appoint one conservator for several conservatees, the Court will generally not grant a petition joining more than one conservatee in a single proceeding, except husband and wife or domestic partners as defined in Probate Code Section 1894. (b) Appointment of Conservator The matter shall be set for hearing generally not sooner than sixty (60) calendar days after the filing date to allow time for the Court Investigator’s Report (Probate Code Section 1894). (Rule 7.411(b) revised effective 1/1/17) (Rule 7.411 revised effective 1/1/17) Rule 7.412. Ex Parte Petitions for Appointment of Temporary Conservatorships (a) Notice Petitioner must notify all interested or opposing parties by fax, email, or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204. A copy of a declaration regarding notice in compliance with CRC, Rule 3.1204 must be delivered to the Probate Department at the time the papers are presented. Orders dispensing with notice must be supported by a declaration setting forth the exceptional circumstances that justify dispensing with notice. REPEALED IN PART (see California Rules of Court, Rule 3.1203, Rule 3.1204, Rule 7.55) Minimum notice to the conservatee and conservatee's spouse, if any, pursuant to Probate Code Section 2250(e)(2) and (3) will be required unless the Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (Judicial Council Form GC-112) is approved by the Court prior to the hearing. (b) Contents of Ex Parte Petition for Appointment of Temporary Conservatorship An application for an ex parte order appointing temporary conservator (Judicial Council Form GC-111) must be verified and must contain sufficient evidentiary facts to justify. (Rule 7.412 revised effective 1/1/23) Rule 7.413. Specific Medical Treatment and Placement (a) Authority of conservator A conservator of the person generally has authority to fix the residence of, and place the conservatee in, any facility in this state, including a facility which restricts conservatee’s ability to leave. This authority is subject to limitations which may be placed on the conservator by statute or court order. These limitations include, but are not limited to, the following: (1) The placement must be the least restrictive appropriate setting which is available and necessary to meet the conservatee’s needs. Ordinarily, a conservatee should be allowed to remain in the conservatee’s residence in which the conservatee resided before the establishment of the conservatorship so long as this is feasible. (2) A conservatee with dementia may be placed in a facility specifically described in Probate Code Section 2356.5(b) only with authorization as provided in that section. The Court will not make an order for placement under Probate Code Section 2356.5(b) absent a showing that the specifically proposed placement is described in Probate Code Section 2356.5(b). A petition for a court order regarding placements in a facility not specifically described in Probate Code Section 2356.5(b) will be deemed a petition for instructions pursuant to Probate Code Section 2359. (3) Placement in a mental health treatment facility as defined in Probate Code Section 2356(a) requires an LPS conservatorship. (Rule 7.413(a) revised effective 1/1/16) (b) Consent for psychotropic medications in conservatorships Psychotropic medication in conservatorships under the Probate Code is generally governed by the same provisions as other medical treatment. If the conservatee has been adjudicated to lack the capacity to consent to medical treatment generally, or to the application of psychotropic medication, then the conservator of the person generally has authority to consent to the medication. However, if the medication as described in Probate Code Section 2356.5 is to be given to a conservatee for the treatment of dementia who lacks the capacity to give informed consent to that medication, then the conservator of the person may authorize the medication only with prior authorization as provided by that Section. (Rule 7.413(b) revised effective 1/1/13) (Rule 7.413 revised effective 1/1/16) Rule 7.414. Termination Conservatorship may be terminated pursuant to Probate Code Sections 1860 et seq., and Section 2626. The filing of a certification of competency issued by the superintendent of a state hospital pursuant to Welfare and Institutions Code Section 7357, or other provision of law, does not, of itself, terminate a conservatorship. Conservatorships terminate by operation of law upon the death of the conservatee. Termination does not cause the Court to lose jurisdiction as to some issues, such as approval of accountings or awarding fees (Probate Code Section 2630 et seq.). (Rule 7.414 revised effective 1/1/15) Rule 7.415. Accounts of Conservator Probate Code Section 2621 prescribes the requirement for giving notice of hearing on the account. See, also, Probate Code Sections 2620 and 2630 et seq., regarding provisions pertaining to accounts on termination of conservatorships. (Rule 7.415 revised effective 1/1/15) Rule 7.416. Orientation Class Requirements for Unlicensed Conservators All conservators of person and/or estate who are not California Licensed Professional Fiduciaries (licensed by the Professional Fiduciary Bureau) should make reasonable efforts to complete either or both, depending on appointment, the Contra Costa Superior Court Probate Division Conservator of Person and/or Conservator of Estate classes that are available through the Contra Costa County Public Law Library. If a course is completed, the course completion form should be filed with the court. Courses completed by conservators at other California courts may satisfy this requirement in the Court’s discretion. (Rule 7.416 revised effective 1/1/23) Rule 7.417. Release of Information by Court Investigator for Benefit of Conservatees. Court investigators shall be permitted to release to law enforcement agencies, adult protective services, or similar agencies, upon request or where it appears to the investigators that this would be in the best interest of the subject of a conservatorship proceeding, any reports or other information in the possession of the court’s investigators. Rule 7.418. Intentionally Omitted Rule 7.419. Warning on Order [Repealed 1/1/03] Rule 7.420. REPEALED Rule 7.421. Intentionally Omitted and Reserved [Repealed 1/1/13] Rule 7.422. Temporary Guardian or Conservator Upon the filing of a petition, a temporary guardian or conservator of the person or estate, or both, may be appointed under Probate Code Section 2250 et seq. A separate petition for the appointment of a general guardian or conservator must be presented to the Court to be filed before a petition for a temporary guardian or conservator will be considered. (Rule 7.422 revised effective 1/1/15) Rule 7.423. Instructions Regarding General Duties and Conflicts of Guardian or Conservator Before Letters are issued, each guardian or conservator must complete, sign and file a Letters of Guardianship (Probate-Guardianships and Conservatorships) (Judicial Council Form GC-250). The form shall set forth the guardian or conservator’s duties as a fiduciary and outline the responsibilities as an officer of the Court. Social Security Number, driver’s license number and date of birth do not need to be supplied on the form. (Rule 7.423 revised effective 1/1/15) Rule 7.424. Bonds of Conservators and Guardians Bond for an individual conservator or guardian will generally not be waived. The Court generally will not require a bond for amounts in blocked accounts. (See Probate Code Section 2328). (Rule 7.424 revised effective 1/1/15) Rule 7.425. Accounts (a) Time of filing accounts with court The first account shall be filed on or before the first anniversary date of the order appointing the guardian or conservator; and subsequent accounts shall be filed at least biennially thereafter. The first account shall be for a minimum period of nine months from the date of appointment of the general conservator and shall also include any period of temporary appointment of the person as conservator or guardian. (b) Separate accounts required Where there are multiple wards or conservatees joined in a single guardianship or conservatorship proceeding, a separate accounting shall be provided for each of them. (c) Account ending date The ending date of an account, except an account ending upon the death of a conservatee, shall not be more than three months before the date it is filed with the Court. Filing an accounting late is not good cause for preventing the Court and court investigators from reviewing the current information regarding the matter. (Rule 7.425(c) revised effective 1/1/03) (d) Final account upon termination of guardianship The final account following termination of a guardianship or conservatorship of the estate must state that all charges for legal advertising, bond premiums, probate referee’s services and costs of administration have been paid. (Rule 7.425(d) revised effective 1/1/13) (e) Status report in lieu of final account following termination The final account following the termination of a conservatorship or guardianship of the estate should be filed within six (6) months of the termination date (e.g., the death of the conservatee or age the ward attains majority). If the conservator or guardian is unable to file the final account with the six-month period, the conservator or guardian shall file a status report setting forth the reasons for the delay and how much additional time is needed. (Rule 7.425(e) new effective 1/1/15) (Rule 7.425 revised effective 1/1/15) Rule 7.426. Conservator and Guardian Compensation and Attorney’s Fees (a) Compensation of guardians and conservators Petitions for compensation of guardians and conservators and their attorneys shall be supported by a declaration, complying with Contra Costa Probate Court Guideline Attachment #2 from each individual requesting approval of fees. For information about Contra Costa Probate Court Fees and Costs Guidelines, go to the Probate Guidelines of the Local Rules at www.cc-courts.org/general/local-rules.aspx. The court prefers that the petition itself recite only the amounts claimed and the relevant period of time, referring to the accompanying declaration(s), which should contain the explanation and justification. See also California Rules of Court, Rules 7.751(b) and 7.756 for declaration content. (Rule 7.426(a) revised effective 1/1/16) (b) Compensation of attorneys Petitions for compensation of attorneys not representing fiduciaries may incorporate the explanation and justification into the petition, without a separate declaration. (Rule 7.426 (b) revised effective 1/1/13) (Rule 7.426 revised effective 1/1/16) Rule 7.427. Independent Exercise of Powers (a) Declaration required for independent powers request The Court will ordinarily not grant the powers enumerated in Probate Code Section 2591. Because of the broad scope of this section, the Court requires a detailed declaration as to the necessity for the specific independent power desired. (b) Nature of independent power When independent powers are requested and granted, it is not sufficient to incorporate by reference the statute or its subsections. The power must be described in sufficient detail so that any person reading the document can determine the nature of the power requested or granted. Quoting the full text of the subsection enumerating the power under Probate Code Section 2591 is the preferred method of complying with this rule. Even when granting the requested powers, the Court will normally require confirmation of sale of real property and prior court approval of attorney’s fees. (Rule 7.427(b) revised effective 1/1/15) (Rule 7.427 revised effective 1/1/15) Rule 7.428. Investments by Guardian or Conservator (Probate Code Section 2570 et seq.) (a) Real estate investment Investment in real estate, either by purchase or encumbrance, will not be authorized unless supported by an appraisal by the Probate Referee regularly appointed in the guardianship or conservatorship proceeding. (b) Life insurance A purchase of life insurance on the minor ward’s life will not be authorized. (c) Declaration required for request to invest If a request for special notice has not been filed, a petition for authority to invest may be heard ex parte provided the Court makes an order dispensing with notice. A declaration justifying dispensing with notice shall accompany or be incorporated in the petition. (Rule 7.428 revised effective 1/1/15) Rule 7.429. Account Statements with Accountings Any account statement submitted pursuant to Probate Code Section 2620 which is required by that section to be confidential shall be filed as a separate document complying with California Rules of Court, Rules 2.100 et seq., including a verified statement by the petitioner identifying the document. The caption of the document shall include the word “CONFIDENTIAL” in all capital letters. (Rule 7.429 revised effective 1/1/15)
Chapter 9. Guardianships and Conservatorships Guardianships Rule 7.400. Initiation of Guardianship Investigation The Probate Investigations Unit will initiate a guardianship investigation except when the court specifically directs otherwise, only after the petitioner(s) has submitted a complete Proposed Guardian(s) Information (Local Court Form GC-20). The Probate Investigations Unit will initiate
Reviewer note: Composed 2026-10-08 (California T4 Contra Costa build 2026-10-08) from BenchPath custody ca/t4/ca-contra-costa/docs/general/july-2026-local-rules-final_0.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 24267831 bytes, sha256 580a7d67b663a29aea78edf6b7d0fffb19be65430ad0770cad9f8cb543be811e; 274 pages) with the shared verbatim composer (v2 reflow) over the rules (PDF pages 17 to 191): each page's running header (“Local Rules of the Superior Court of California, County of Contra Costa”) and footer (a rule of underscores, “Local Court Rules – Effective July 1, 2026” and “Page N of 201”) removed as chrome; lines reflowed into the rules' paragraphs; Title One's heading and its first chapter heading set on their own lines, eleven rule citations the reflow broke at a line end rejoined, and six tables printed without rules set one row a line - Rule 2.40's attorney fee schedule, two cells of Guideline Attachment 1's commission chart, Attachment 2's attorney rates, Attachment 3's time summary and Attachment 4(a)'s probate calendars (18 whitespace-only fixes); Rule 2.160's local fees and the commission chart's header cells and sixth row, which the reflow read across, set as printed (three same-character fixes); the sixth row's number, in page 180's bottom band, kept (the composer's bottom_band_numbers option); no struck character (the strike report); the rules cut at the chapter headings, which reassemble them (Title Six is “Reserved”: its heading alone); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of rule effective dates, the table of contents, the list of local court forms, the index and Appendix A (the standing orders as revised May 15, 2026, superseded by the compilation revised August 11, 2026) belong to no chapter.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.