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Chapter 12 (Rules 4.76 to 4.82): temporary conservatorships (Rule 4.76); guardianships (Rules 4.77.1 to 4.77.17: the petition, hearing dates, service and proof of service, personal appearance, multiple wards, the investigation and investigative reports, the alternative guardian, the order appointing the guardian, the guardian of the estate, current addresses, review, temporary guardianship in emergency situations only, accounts and reports, fees and discharge); the use of a minor's assets for support and the disposition of a minor's funds (Rules 4.78 and 4.79); the compromise of claims (Rule 4.80); conservatorships (Rules 4.81.1 to 4.81.22: the petition, notice, qualifications, appointment or termination, personal appearance, letters, changes of address, California licensed professional fiduciaries, waiver of bond, orders regarding a major neurocognitive disorder, visits, medical consent, inventory and appraisement, independent powers, accounts and reports, the confidential status report, fee disclosure, the death of the conservatee, compensation and final discharge); and substituted judgment (Rule 4.82). Rules 4.77, 4.81 and 4.81.5 are repealed.
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
CHAPTER 12. GUARDIANSHIPS AND CONSERVATORSHIPS Rule 4.76 Temporary Conservatorships A. In exigent circumstances, petitions may be presented ex parte. On those days that the Probate Presiding Judge is not available, the petitioner shall present his/her petition to the court’s Presiding Judge or the judge designated to hear ex parte matters. A separate petition for the appointment of a regular conservator must first be on file and a hearing date assigned before a petition for temporary conservator will be considered. Forms necessary for temporary appointment of conservator are as follows: (1) Petition for Appointment of Temporary Conservator (GC-110); (2) Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (Judicial Council form GC-112) and Order on Ex Parte application (Judicial Council form GC-115); (3) Order Appointing Temporary Conservator (GC-141); (4) Proof of service regarding 5-day personal service of ex parte petition to proposed conservatee (if matter contested); and (5) Letters of Temporary Conservatorship (GC-150) and Temporary Bond Certificate (for estates). (6) Declaration Re: Notice of Ex Pate Application for Orders (local form PR-9) B. Prior Review and Filing (1) Both temporary and permanent conservatorship petitions and subsequent filings must be filed at the Probate Clerk’s office before presentation to the Court. Represented parties must ensure that the separate petition for the appointment of a regular conservator has been e-filed and accepted, prior to filing the petition for temporary conservatorship. Self-represented parties may present both sets of documents at the clerk’s office. All filings regarding conservatorships must be accompanied by an original and two copies. (2) All petitions for temporary conservatorships must be filed in the Probate Clerk’s Office before it is screened by the Court Investigator’s Office. After the Court Investigator screens the petition, the Court Investigator will present the petition to the judicial officer for review and ruling. It is recommended that an appointment for screening of the petition by the Court Investigator be made by emailing a copy of the unfiled documents ahead of time to PCI@sanmateocourt.org, parties may also call 650-261-5068. C. Grounds: The emergency nature of the facts which are alleged as good cause for the appointment must also be alleged. Petitions must be signed by the petitioner(s). (California Rules of Court, Rule 7.103.) D. Bond: Unless waived pursuant to 8481(a), full bond in accordance with Sections 8480 - 8482 will normally be imposed upon a non-corporate temporary conservator of the estate; if a lesser amount is requested, good cause must be shown in the petition. The Court may in certain cases require a bond of a temporary conservator of the person. E. Notice: Notice of the ex parte hearing must be given to the proposed conservatee (Probate Code, Section 2250) and the persons listed in Probate Code, Sections 1821 and 1822. Notice and the declaration regarding notice must comply with CRC 3.1200-3.1207, and must state whether any person entitled to notice objects to the hearing. Reasons for shortening or dispensing with statutory notice must be alleged. F. Length of Appointment: A temporary conservator will not be appointed for a period exceeding 30 days or the date of the hearing assigned for the regular petition, whichever is later. It may be extended for good cause shown by written order of the Court. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective July 1, 2006; Amended, effective January 1, 2007; Amended, effective January 1, 2009; Amended, effective July 1, 2009; Amended, effective January 1, 2012; Amended, effective January 1, 2020; Amended, effective July 1, 2021; Amended, effective July 1, 2024) Rule 4.77 Guardianships (Adopted, effective July 1, 1996, Amended, effective January 1, 2000; REPEALED, effective July 1, 2004 [See Rules 4.77.1 to 4.77.17) Rule 4.77.1 Petition for General Guardianship. A petition may be filed for a guardianship of the person, guardianship of the estate, or both. This petition must be filed in all cases, even if the guardianship is needed for a short period of time. A packet of blank guardianship forms, including a list of all documents required to be filed with the Superior Court in San Mateo County and information regarding the procedures for proper service of notification (PR-20) is available from the Superior Court Clerk’s Office, Room A, 400 County Center, Redwood City, and on the Internet at www.sanmateo.courts.ca.gov. Each of the forms must be completed in its entirety, copied, and returned to the Clerk’s office for filing before the Probate Clerk will assign a case number and set a hearing date. A case number and hearing date will be assigned by the Counter Clerk as part of the filing process. 1. The following documents (an original and two (2) copies) must be submitted with the initial filing: a. Notice of Hearing (GC-020) b. Petition for Guardianship (GC-210) c. Confidential Guardian Screening Form (GC-212) d. Guardianship Declaration" (San Mateo County Local Form PR 18) e. Declaration Under UCCJEA (FL-105/GC-120) f. Notification to Court of Addresses for Guardianships (San Mateo County Local Form, PR-2) g. Consent of Guardian, Nomination and Waiver (GC-211) - this is a multi-purpose form, and must be submitted for the “Consent” of the guardian. The nomination and/or waiver provisions are optional. This form may be submitted in counterpart. h. Duties of Guardian (GC-248) 2. All documents will become part of the public record, with the exception of the Guardianship Declaration (PR-18) and the Confidential Guardian Screening Form (JC-GC 212) (confidential except by court order – see California Rules of Court, Rule 7.1001). 3. All filings must consist of an original and two (2) copies. Signatures must be in blue ink. The clerk will retain the original and one (1) copy of all documents. (The clerk will deliver the copy to the Court Investigators). The second copy will be stamped “endorsed filed” and will be returned to the filing party for his/her records, 4. The Guardianship Declaration (Local Form, PR 18) should include the following information to assist the Court Investigators and the Court: a. Specific reasons why parents are not suitable b. Complete legal name, any other names used for the minor c. Development of the minor, whom minor has resided with since birth, and any special emotional, psychological, or physical needs; and ability of guardian to meet these needs. d. Daycare arrangements, if any; name, address and telephone number of person or facility providing care e. Schooling/education plan and any special needs f. Housing arrangements, own room or sharing g. Financial support and source h. Name and telephone number of physician i. Other relevant information (facts which should be revealed to the court but which the petitioner wishes to have remain confidential should be addressed to the Court Investigator and labeled, “For Confidential Use Only.”) (Adopted, effective July 1, 2004, formerly Rule 4.77 (a), (c), and (d); Amended, effective July 1, 2006; Amended, effective January 1, 2012; Amended, effective July 1, 2021; Amended, effective July 1, 2024) Rule 4.77.2 Hearing Dates A. A hearing date will be assigned at the Court Clerk’s Office, Room A when the documents are filed. B. Continuances. See Local Rule 4.1 above. C. Order shortening time. All applications for Order shortening time shall be submitted in the Court Clerk’s Office, Probate Department rather than the Law and Motion Department. (Adopted, effective July 1, 2004; Amended, effective July 1, 2011; Amended, effective July 1, 2024) Rule 4.77.3 Service of Documents A. It is the responsibility of the petitioner to arrange for service of the notice of the hearing of the petition as set forth in Probate Code §1511, including a copy of the petition if required, unless a written waiver of notice is filed. B. The service must be completed by a person other than the petitioner. The server must complete a written Proof of Service. C. A written Proof of Service (an original and two copies) must be filed with the Court Clerk’s Office, Room A, prior to the court hearing. If service is required on more than one person, a separate Proof of Service may be submitted for each service. D. A copy of the notice, petition, and Guardian Screening form shall be mailed to Children and Family Services 400 Harbor Blvd., Belmont, CA at least fifteen (15) days prior to the hearing. E. For petitions filed by non-relatives, a copy of the notice of hearing and petition must be mailed to the Director of Social Services in Sacramento, California at least fifteen (15) days prior to the hearing. (Adopted, effective July 1, 2004; Amended, effective January 1, 2011) Rule 4.77.4 Proof of Service of the Notice of Hearing A written proof of service must be filed with the Probate Clerk, Room A, at least five court days in advance of the hearing date unless otherwise waived. (Adopted, effective July 1, 2004) Rule 4.77.5 Personal Appearance All petitions for general guardian will require a personal appearance by the petitioner(s) and if not one in the same, the proposed guardian(s) at the hearing for appointment. See also Local Rule 4.6, above. The petitioner, the attorney (if any) and the proposed ward if age 12 or older, shall be present. (Adopted, effective July 1, 2004; Amended, effective July 1, 2012) Rule 4.77.6 Multiple Wards A. The Court will not appoint a guardian for several wards on a single petition and under the same file number unless the minors are full siblings. Separate proceedings must be commenced for non-siblings or half siblings. For sibling cases filed at the same time, only one filing fee will be required. B. A separate Inventory and Appraisement shall be filed for the interests of each ward in cases where multiple wards are listed under one case number. C. Separate accountings shall be filed for each ward subject to a guardianship of the estate. (Adopted, effective July 1, 2004, formerly 4.77(b)) Rule 4.77.7 Investigation of Guardianship and Filing of Reports. A. In all cases where the proposed guardian is a relative, the Manager of the Probate Court Investigations Unit shall assign an Investigator who will conduct the investigation and file a written report at least five (5) court days prior to the hearing date. B. In all cases where the proposed guardian is a non-relative, the Department of Children and Family Services will conduct the investigation and file a written report at least five (5) court days prior to the hearing date. “Relative” is defined at Probate Code section 1513(g). C. If the petition is filed at the recommendation of the Department of Youth and Family Services, the petition shall refer to that Department’s recommendation, and the Department shall furnish to the Court a copy of their Investigation Report, medical or educational evaluations, or other relevant documents concerning the minor upon which they based their recommendation. In this event, a Court Investigator would not need to be appointed for a further investigation and report. (Adopted, effective July 1, 2004; Amended, effective January 1, 2012; Amended, effective July 1, 2026) Rule 4.77.8 Factors to Be Addressed in Guardianship Investigative Reports. In addition to the factors set forth in Probate Code §1513(a), the Investigation shall include: A. An in-person interview with the minor(s), the parent(s), and proposed guardian(s). If a parent is not available for a personal interview, the report shall explain the circumstances and any contacts with the parent. B. Telephone or written communication (as possible) with collateral contacts, such as school teachers, daycare providers, neighbors, relatives, and other interested parties. C. A visit to the home of the proposed guardian. D. If a parent objects to the guardianship, a visit to the home of the parent. E. A criminal records check on the parent(s), the proposed guardian, and any other person over fifteen (15) years who inhabits the guardian’s home. (Adopted, effective July 1, 2004) Rule 4.77.9 Alternative Guardian. A. If neither the parent(s) nor the proposed guardian is found to be an appropriate caretaker for the minor, the matter shall be referred to the Department of Children and Family Services to determine if there is another appropriate adult who will agree to act as guardian. That adult will be instructed to file a separate guardianship petition for consideration by the Court. B. If no appropriate and willing adult is located to act as guardian, then the Department of Children and Family Services shall initiate a petition in the Juvenile Court pursuant to Welfare & Institutions Code §300. (Adopted, effective July 1, 2004; Amended, effective January 1, 2012) Rule 4.77.10 Order Appointing Guardian A. It is the responsibility of the petitioner to prepare all proposed orders. An original and two copies of the proposed order appointing guardian should be delivered to the Court Clerk’s Office in Room A at least five court days before the hearing. B. The Court will fix a non-appearance hearing date for filing of the Inventory & Appraisal and/or Receipt of Funds in Blocked Accounts for all guardianships of the estate. C. A fee will be assessed for Court Investigation unless deferred or waived by the court. The amount of the fee shall be specified in the order appointing guardian. (Adopted, effective July 1, 2004) Rule 4.77.11 Guardian of the Estate The guardian of the estate shall be required to comply with the Local Rules applicable to conservators of the estate. See Local Rules of Court, Rules 4.81.13 through 4.81.18 below. (Adopted, effective July 1, 2004) Rule 4.77.12 Current Addresses/Relocation All attorneys and guardians are required to keep the Court informed of their current addresses and phone numbers as well as the current address and phone number of the ward. A child subject to guardianship shall not be relocated outside the State of California without a court order. See Probate Code Section 2352. (Adopted, effective July 1, 2004) Rule 4.77.13 Review of Guardianship. Guardianships will be reviewed annually. At the time of the granting of the petition for general guardianship, a twelve-month review date will be set. The guardian will be instructed by the Court to execute and return a “Confidential Guardianship Status Report” form (Judicial Council form GC-251) to the Court Investigator’s Office by the designated review date. The Court may calendar further review dates, if needed. The party must execute and return to the Court their “1513.2 Statement” by the designated review date. (Adopted, effective July 1, 2004; Effective July 29, 2014; Local Rule 4.77.13 is temporarily suspended pursuant to Standing Order 14-127 (see Court’s website for Standing Orders)). Rule 4.77.14 Temporary Guardianship - Emergency Situations Only A. If temporary guardianship is necessary, the court may consider the application with a short notice period (5 court days) or no notice (ex parte) [Prob.C. §2250]. In exigent circumstances, petitions may be presented ex parte. On those days that the Probate Presiding Judge is not available, the petitioner shall present his/her petition to the court’s Presiding Judge or the judge designated to hear ex parte matters. It is the policy of the Court not to change the residence of the proposed ward absent exigent circumstances and a recommendation by the Court Investigation unit. B. All the forms for a general guardianship must be submitted before a petition for temporary guardianship will be granted. The additional forms necessary for a temporary guardianship (original and two copies) are: 1. Petition for Appointment of Temporary Guardian (GC-110) 2. Order Appointing Temporary Guardian or Conservator (GC-140) 3. Letters of Temporary Guardianship (GC-150) 4. Duties of Guardian (GC-248) 5. Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (Judicial Council form GC-112) and Order on Ex Parte application (Judicial Council form GC-115) C. The petitioner and the attorney, if any, should be present when a temporary guardianship is requested. A proposed ward age twelve (12) or older, should be present. D The Petition for General Guardianship and supporting documents must be filed and the fee paid before a Petition for Temporary Guardianship is filed with the Court for consideration E. Filing and Prior Review of Documents 1. All documents shall be filed with the Court Clerk’s Office, Room A, at the Probate counter at 400 County Center, 1st floor, Redwood City. Represented parties must ensure that the separate petition for the appointment of a regular conservator has been e-filed and accepted, prior to filing the petition for temporary conservatorship. Self-represented parties may present both sets of documents at the clerk’s office. 2. All petitions for temporary guardianship must be filed in the Probate Clerk’s Office before it is screened by the Court Investigator’s Office. After the Court Investigator screens the petition, the Court Investigator will present the petition to the judicial officer for review and ruling. It is recommended that an appointment for screening of the petition by the Court Investigator be made by emailing a copy of the unfiled documents ahead of time to PCI@sanmateocourt.org, parties may also call 650-261-5068. F. If the party seeking to be appointed guardian knows of an objection to the petition for temporary, he or she must advise the Court. G. If the Court grants the petition appointing temporary guardian, the order will be filed and the Clerk will issue the Letters of Temporary Guardianship. The order will specify an expiration date for the Letters which will usually coincide with the date set for hearing of the general guardianship. H. After Letters are issued by the Clerk, certified copies may be purchased for a small fee. (Adopted, effective July 1, 2004; Amended, effective July 1, 2005; Amended, effective July 1, 2006; Amended, effective January 1, 2009; Amended, effective July 1, 2009; Amended, effective January 1, 2011; Amended, effective January 1, 2014; Amended, effective January 1, 2020; Amended, effective July 1, 2021; Amended, effective July 1, 2024; Amended, effective July 1, 2024) Rule 4.77.15 Accounts And Reports A guardian of the estate shall file a Confidential Guardianship Status Report” form (Judicial Council form GC-251) to accompany any account and report OR for request for release of blocked funds. For general rules on accounts see Chapter 9 of these Rules. (Adopted, effective July 1, 2004) Rule 4.77.16 Fees for Guardian and for Attorney for Guardian. A. Refer to CRC, Rule 7.751 B. Fees for attorneys for guardian of the person, when there is no guardianship of the estate, shall be a matter of contract between the attorney and the guardian and not subject to court supervision. Attorney’s fees for guardian of the person and/or estate which are to be paid from the estate of the ward are subject to court approval and shall be computed and paid as set forth herein at California Rules of Court, Rule7.751. C. If all the estate funds will be placed in blocked accounts, the Petition for Guardianship may include a contemporaneous request for attorney’s fees incurred to establish the guardianship. In these circumstances, the order of appointment should specify the name and address of the bank where the funds shall be deposited and shall authorize the bank to disburse fees of a specified amount before the account balance is blocked. (Adopted, effective July 1, 2004) Rule 4.77.17 Discharge A. Discharge of the guardian of the person is not required. Upon the ward attaining the age of 18, the guardianship of the person expires by operation of law. B. Discharge of the guardian of the estate will first require the submission of a final account. C. After approval of the account, a separate declaration for final discharge must be submitted, together with the Receipt executed by the former ward and a photocopy of the order settling the final account and ordering delivery of assets to the former ward. The declaration must state the date on which the ward reached majority. (Adopted, effective July 1, 2004) Rule 4.78 Use of Minor's Assets for Support A. In Guardianship Cases: If a minor 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 minor's support, maintenance or education. (Section 2422.) The petition must set forth the parents' financial inability or other circumstances which in the minor's interest would justify use of the guardianship assets. Such petition may be included in a petition for the appointment of a guardian. An order granting such petition shall be for a limited period of time, usually not to exceed 6 months, or for a specific and limited purpose. B. Funds in Blocked Account in Non-Guardianship Cases: A request for withdrawal of amounts necessary for the minor's support may normally be made ex parte if accompanied by a sufficient showing of the need. However, where the minor has a living parent, the petition must contain the allegations referred to in Subsection (a) above; in such cases the Court may require the obtaining of an order prescribing notice and a calendared hearing. (Adopted, effective July 1, 1996) Rule 4.79 Disposition of Minor's Funds (Sections 3410-3413) A. Contents of Petition: A petition under these sections must set forth jurisdictional facts, state the amount to be paid and by whom, the amount of fees and reimbursement of costs requested, the relief requested, and a statement of the reasons that the requested relief will best serve the interests of the minor. B. Notice: The petition may be presented ex parte if the only relief sought (other than reimbursement for filing fee and award of reasonable attorneys' fees) is to deposit funds in a blocked account and the amount involved does not exceed $20,000. Otherwise the petition must be noticed. C. The Order: Where the minor's funds are to be deposited in a blocked account, the order must provide that the person holding funds shall disburse the ordered amount of fees and costs, if any, directly to the person(s) entitled thereto and disburse the balance to the selected depository, whose name and address must be specified. The order must also provide that the receipt by the depository of the funds and a copy of the order must be filed forthwith upon the deposit of the funds. The receipt must acknowledge that the funds may be withdrawn only on court order. D. Orders for Withdrawal of Impounded Funds: Where withdrawal is sought because the minor has reached majority, and the order establishing the blocked account is not self-executing, a certified copy of the minor's birth certificate or other convincing evidence of the minor's age must be presented with the petition for withdrawal. The order must provide for the payment of the funds only to the former minor. (Adopted, effective July 1, 1996) Rule 4.80 Compromise of Claims (See generally Sections 2500-2507; 3500-3612; Code Civ. Proc. Section 372; Cal. Rules of Court Section 241) A. Court to Which Addressed (1) Where the claim is the subject of a pending action, approval must be by the court to which the matter was assigned for trial or settlement, if any; otherwise, approval must be by the Probate Court in accordance with subparagraph (2) below. (2) Where the claim is not the subject of a pending action and approval is sought in this county, it shall be addressed to the Probate Court, and if there is a guardianship or conservatorship proceeding pending, the approval must be had in that proceeding; (3) In cases where the trial or settlement court has approved the basic settlement and compromise, the matter of the disposition of the net recovery may be referred to the Probate Court under Section 3600 et seq. B. Contents of Petition to be presented to the Probate Court: In addition to the requirements of Section 2506 and Cal. Rules of Court Section 241, the petition for compromise of a claim for a minor should show the date of birth of the minor, the minor's place of residence, and the names and addresses of the minor's parents. Current medical reports, giving a diagnosis and prognosis of the minor's or conservatee's condition should be attached to the petition or submitted to the Court at the time of the hearing. C. Notice re Probate Court matters: Where the claim is that of a minor and there is no guardianship of the estate and the only relief sought (other than reimbursement for reasonable expenses, costs and attorneys' fees) is to deposit the net recovery in a blocked account and the net recovery does not exceed $20,000, the petition may be presented ex parte. D. Order: If the net proceeds received on behalf of a minor are to be made the subject of an impound, the requirements contained in Local Rule 4.79(c) are applicable. If the order deals with the compromise of claims of more than one minor, the interest of each minor must be separately stated, and the order must provide that there should be no commingling or combining of such interests. E. Attorneys' Fees: Except for good cause shown, attorneys' fees in excess of 25% of the net settlement proceeds will not be allowed. (Adopted, effective July 1, 1996; Amended, effective July 1, 2024) Rule 4.81 Conservatorships (Adopted, effective July 1, 1996, Amended, effective January 1, 1999; effective January 1, 2000; REPEALED, effective July 1, 2004; See new Rules 4.81.1 to 4.81.21) Rule 4.81.1 Petition for Appointment of a Conservator. A. A petition for establishment of a conservatorship requires the following forms: (1) Petition for Appointment of Probate Conservator (GC-310); (2) Confidential Supplemental Information (GC-312); (3) Notice of Hearing (GC-020); (4) Ex Parte Order Authorizing Disclosure of Proposed Conservatee’s Health Information to Court Investigator (HIPPA) (GC-336) (5) Confidential Capacity Assessment & Declaration-Probate Conservatorship(GC-335); (6) Confidential Declaration on Medical Ability to Attend Hearing – Probate Conservatorship (GC-325) (7) Citation (GC-320); (8) Confidential Conservator Screening (GC-314); (9) Duties of Conservator and Acknowledgment of Receipt of Handbook (GC-348); (10) Conservatee’s Information and List of Relatives (Local Court Form PR-1); and (11) Appointment of Probate Referee (Estate) local form. (Adopted, effective July 1, 2004,former Rule 4.81(a); Amended January 1, 2005; Amended, effective July 1, 2005; Amended, effective January 1, 2009; Amended, effective July 1, 2010; Amended, effective July 1, 2011; Amended, effective July 1, 2024; Amended, effective July 1, 2025) Rule 4.81.2 Notice. A. On Petition for Appointment of Conservator: There is no statutory basis for shortening the time of notice or for dispensing with notice on a petition for the appointment of a conservator. If the petition alleges that there is no relative of the proposed conservatee within the second degree, notice shall be given to all adult relatives within the third degree who reside in California. Reference, Probate Code section 1821 and California Rules of Court, Rules 7.51-7.53. B. For petition of appointment of a temporary conservatorship, or for ex parte matters, a declaration regarding notice is required. Reference; California Rules of Court, Rules 3.1200-3.1207. C. When an attorney has been appointed to represent a conservatee, regardless of the purpose of the appointment, notice of all hearings including requests for ex parte relief shall be given to the appointed attorney. If any other petition is pending when the attorney is appointed, and a future hearing date has already been assigned, the petitioner shall promptly forward a copy of the notice and petition to the appointed counsel. If the appointed attorney is discharged, then no further documents need be served on the attorney. (Adopted, effective July 1, 2004, formerly Rule 4.81 (d); Amended, effective January 1, 2007) Rule 4.81.3 Guardians, Conservators and Trustees Qualifications Qualifications for conservators: Both Private Non-professional and Private Professional Conservators provide a valuable service to the community and to the conservatees. All conservators must complete education classes as part of qualifying to serve as a conservator in San Mateo County. A. Private Non-professional Conservators and Trustee 1. Conservator of the Person a) A private non-professional conservator of the person within six (6) months of appointment must complete a three (3) hour course covering the duties and responsibilities of a conservator of the person. The conservator must file a certificate of completion with the Court to satisfy the requirement or appear to explain why the requirement has not been met. b) The Court may in its discretion waive such requirement. 2. Conservator of the Estate a) A private non-professional conservator of the estate within six (6) months of appointment must complete a three-hour course covering the duties and responsibilities of a conservator of the estate. The conservator must file a certificate of completion with the Court to satisfy the requirement or appear to explain why the requirement has not been met. b) The Court may in its discretion waive such requirement. 3. Trustee a) A private non-professional trustee within six (6) months of appointment must complete a three-hour course covering the duties and responsibilities of a trustee of a trust. The trustee must file a certificate of completion with the Court to satisfy the requirement or appear to explain why b) The Court may in its discretion waive such requirement. B. Court Appointed California Licensed Professional Fiduciary 1. In order to be a Court Appointed California Licensed Professional Fiduciary as a conservator or trustee by the Superior Court of California, County of San Mateo, as of 01 July 2008, the Professional Fiduciary must meet be licensed by the Professional Fiduciaries Bureau of the State of California. Requirements for initial licensing include completing thirty (30) hours of approved education courses and passing the State of California Professional Fiduciary Bureau licensing examination. For further licensing requirements, see the Professional Fiduciaries Bureau website at www.fiduciary.ca.gov. 2. Continuing Education As of July 1, 2008, California Licensed Professional Fiduciary must complete: - A minimum of fifteen (15) hours of continuing education credit each year for licensing renewal; and - Must abide by the new Professional Fiduciaries Code of Ethics (see the Professional Fiduciaries Bureau website at www.fiduciary.ca.gov. (Adopted, effective July 1, 2004; Amended, effective January 1, 2009; Amended, effective July 1, 2009) Rule 4.81.4 Special Requirements on Appointment or Termination of Conservator. A. Following the appointment of a conservator, a court investigation shall be conducted for the first annual and each subsequent bi-annual review set by the court. A court investigation shall also be conducted for each established conservatorship as otherwise ordered by the court pursuant to Probate Code section 1850(b). B. A court investigation of a petition to terminate conservatorships is not required unless so ordered by the court. A limited investigation may be ordered by the court pursuant to Probate code section 1826(p). C. By Standing Order of the Court the Court Investigator is appointed and directed to conduct court investigations for identified matters related to a conservatorship. The Standing Order dispenses with the use of the optional Judicial Counsel forms GC-330, GC-331 and GC 332. D. When an initial petition for conservatorship is filed, and at any future time when conservatorship documents are filed, the Clerk will retain a copy, and will deliver the copy to the Court Investigator. (Parties should submit an original and two copies of any document in order to receive back an “endorsed-filed” copy.) (Adopted, effective July 1, 2004, former Rule 4.81 (c); Amended, effective July 1, 2006; Amended, effective July 1, 2011; Amended, effective January 1, 2012) Rule 4.81.4.1. Personal Appearance All petitions for the appointment of a conservator(s), co-conservator(s) or successor conservator(s) will require the personal appearance of the proposed conservator(s) at the hearing for appointment, unless otherwise ordered by the Court. (see also Local Rule 4.6, above) (Adopted, effective July 1, 2012) Rule 4.81.5 Confidential General Plan. REPEALED (Adopted, effective July 1, 2004, formerly Rule 4.81(g); Amended, effective July 1, 2009; Amended, effective January 1, 2012; REPEALED, effective July 1, 2025) Rule 4.81.6 Letters of Conservatorship of The Estate. The conservator is advised to record letters of conservatorship of the estate in any county where real property owned by the conservatee is located. Reference: Probate Code Section 1875. (Adopted, effective July 1, 2004) Rule 4.81.7 Changes of Address The conservator must promptly file a revised notice with the Court of any change of address or telephone number of the conservator, the conservatee, or the attorney for the conservator using the court’s local form “Conservatee’s Information and List of Relatives (Local Court Form PR- 1). (Adopted, effective July 1, 2004, formerly Rule 4.81(f); Amended, effective January 1, 2009) Rule 4.81.8 California Licensed Professional Fiduciaries. A California Licensed Professional Fiduciary or trustee as defined in Probate Code section 2341, must be licensed by the Professional Fiduciaries Bureau of the State of California in order to continue to function as a Professional Fiduciary as of January 1, 2009. For licensing requirements, see the Professional Fiduciaries Bureau website at www.fiduciary.ca.gov. A listing of California Licensed Professional Fiduciaries is available on the Professional Fiduciaries Bureau website listed either by county or by name. Fiduciaries are only listed in the county in which their business address is located. (Adopted, effective July 1, 2004; Amended, effective January 1, 2009; Amended, effective July 1, 2009) Rule 4.81.9 Waiver of Bond A waiver of bond by a conservatee shall be in writing. In addition, the conservatee should be prepared to reaffirm his or her waiver in open court and to describe the circumstances surrounding the execution of the written waiver. Reference: Probate Code section 2321. (Adopted, effective July 1, 2004, former Rule 4.81(e)) Rule 4.81.10. Special Orders Regarding a Major Neurocognitive Disorder (formerly Dementia Powers) A. Required Forms 1. If orders are being sought relating to a major neurocognitive disorder as set forth in Probate Code section 2356.5, namely, restricted placement and/or dementia medications (i.e. psychotropic medications given solely for dementia), the following forms must be filed confidentially with the petition: 1) “Attachment Requesting Special Orders Regarding a Major Neurocognitive Disorder” (GC-313); 2) “Confidential Capacity Assessment & Declaration-Probate Conservatorship” (GC- 335); and 3) Confidential Declaration on Medical Ability to Attend Hearing – Probate Conservatorship (GC-325). The Capacity Declaration must reflect an examination date of the proposed conservatee within 120 days from the date of filing, unless good cause is shown. Good cause may be established through a declaration. The Petition Worksheet (item 3 above) shall be marked confidential by the Court at the time of filing and shall be kept in the Court’s confidential file. B. Requests for Special Orders Regarding a Major Neurocognitive Disorder at Subsequent Hearing (formerly Dementia Powers): 1) If Exclusive Medical Authority Has Not Previously Been Ordered. If exclusive medical authority has not previously been ordered, the conservator must first establish that the conservatee lacks the capacity to give consent for medical treatment before the Court will grant Special Orders Regarding a Major Neurocognitive Disorder. The conservator should use GC-380 and provide the same documents as set forth above. 2) If Court Has Already Granted Exclusive Medical Authority. If the Court has already made an order granting exclusive authority to give consent to medical treatment, the conservator shall petition to modify that order to add the special orders regarding a major neurocognitive disorder. The conservator should use GC-380 and inter-lineate that the petition is for modification of an existing order. The Attachment Requesting Special Orders Regarding a Major Neurocognitive Disorder (GC-313), and an updated Confidential Capacity Assessment & Declaration. (See confidentiality requirements, above.) C. Stale Dated Capacity Declaration: In all case types, whenever a Confidential Capacity Assessment & Declaration is required, it must reflect an examination date of the proposed conservatee within 120 days of the filing date of the petition, unless good cause is shown. Good cause may be established through a declaration. D. Psychotropic Medications to Treat Conditions Other Than a Major Neurocognitive Disorder - No Capacity to Give Consent: If a conservatee is prescribed psychotropic medications for the treatment of another medical condition (i.e. other than a Major Neurocognitive Disorder), and if the conservatee lacks the capacity to give consent for medical treatment, the conservator shall file a doctor’s declaration explaining that the medications are not for the treatment of a Major Neurocognitive Disorder. E. Dual Diagnosis: In all cases where there the treatment is for a dual purpose, the conservator must comply with Probate Code Section 2356.5. (Adopted, effective July 1, 2004, former Rule 4.81(b); Amended, effective January 1, 2008; Amended, effective July 1, 2024) (Amended, effective July 1, 2025) Rule 4.81.11. Visits to the Conservatee. A conservator of the person shall visit the conservatee on a periodic basis, but no less often than once a month. The Public Guardian is exempted from this Rule and shall report annually to the Court on its policy and practice. (Adopted, effective July 1, 2004) Rule 4.81.12 Medical Consent Authority All conservators of the person have the power to consent to medical treatment of the conservatee so long as the conservatee does not object. In emergencies, the conservator may give consent for medical treatment. Reference: Probate Code section 2354. (Adopted, effective July 1, 2004, former Rule 4.81(e)) Rule 4.81.13 Exclusive Authority to Give Medical Consent. A. If the conservatee has been adjudicated to lack the capacity to give informed consent for medical treatment pursuant to Probate Code §2355, the conservator may be granted the exclusive authority to give such consent and may give such consent over the objection of the conservatee. Exclusive authority to give consent for medical treatment can be requested at the time of the initial petition for conservatorship (GC-310) or at a later time by a separate petition (GC-380). Clear and convincing evidence must be shown that the conservatee lacks the capacity to give informed consent to any medical treatment. General mental confusion, disorientation, etc. will not alone support an order for exclusive medical authority. Such authority will be granted if the court finds that the conservatee lacks the capacity to give consent, and only if the following conditions are satisfied: 1) Court Investigator Report: It clearly appears from the court file that a Court Investigator has advised the conservatee of the effect of granting such authority and of the conservatee’s rights in regard to such request. 2) Physician’s Decision: A physician’s declaration is filed stating a medical opinion that the proposed conservatee lacks the capacity to give informed consent to any medical treatment and that the proposed conservator should be granted the exclusive authority to give such consent and to consent over the objection of the proposed conservatee. Such declaration must state the factual basis for the opinion and the nature and extent of the physician’s examination and investigation. B. Conservatee Regains Capacity: If a conservatee regains sufficient capacity to give informed consent to any form of medical treatment, the conservator shall promptly petition, pursuant to Probate Code Section 1891, to revoke any previous order granting the conservator exclusive authority to consent to medical treatment on behalf of the conservatee. (Adopted, effective July 1, 2004) Rule 4.81.14. Inventory and Appraisement. Reference: Probate Code, section 2610. (Adopted, effective July 1, 2004) Rule 4.81.15 Independent Powers – Sale of Real Property and of Conservatee’s Residence A. The court may, on the petition of the conservator either at the time of appointment or later, grant additional powers to the conservator as authorized by the Probate Code sections 2590 and 2591. All requests for independent powers must allege sufficient facts to establish good cause, and must be tailored to the specific circumstances of each case. B. Sale of Real Property. The Court will grant a power to sell real property under Probate Code section 2591 only where the power is made subject to court confirmation of any sale made by the conservator or by a specific order of court upon a showing of good cause. C. Sale of Conservatee’s Residence. If a conservatee’s residence is being sold without the power to sell pursuant to Probate Code section 2591, the petition must comply with the requirements of Probate Code section 2540(b). (Adopted, effective July 1, 2004, formerly Local Rules 4.81 (j) and (k); Amended, effective July 1, 2008) Rule 4.81.16. Waivers of Account. Waivers of Account will be accepted in the Court’s discretion only in the following instances: A. The conservatee’s estate falls within the requirements of Probate Code section 2628. A written request in the form of the Request and Order of Waiver of account, Judicial Council form GC-410 along with an affidavit, stating that the estate does qualify for the waiver, must be submitted for every accounting period in which a waiver is sought. B. When the proceeding is terminated by court order, and the conservatee thereafter waives an account. C. When the proceeding is terminated by death of the conservatee and (a) there is no will and a written waiver is obtained from all of the conservatee’s heirs, or (b) there is a will and a written waiver is obtained from the executor or administrator and the beneficiaries under the will after the order admitting the will has become final. Waivers will be accepted only from heirs or beneficiaries who are competent adults. (Adopted, effective July 1, 2004, formerly Rule 4.81(h)(2); Amended, effective July 1, 2006; Amended, effective July 1, 2026) Rule 4.81.17 Accounts and Reports. A. Accounting records that need to be provided to the court are set forth in Probate Code sections 2620, and 1061-1063. Schedules for Income and Disbursements shall be stated in chronological and also categorical format. B. California Licensed Professional Fiduciaries or licensed guardians or conservators who are required to file original account statements with the court under Prob.C. § 2620(c)(3) shall “Lodge” those records with the court rather than filing them as permitted under this code section. These records will be returned to the submitting party when the court determines the guardian’s or conservator’s accounting is approved (or final). C. Any person who is submitting records as required pursuant to Prob.C. § 2620 shall file an affidavit captioned “CONFIDENTIAL FINANCIAL STATEMENT” that describes the character of the documents attached to it as described in Prob.C. § 2620(c)(7) [confidential or personal information contained in the accounting records]. The submitting party must comply with the provisions of § 2620(c)(7). D. Individuals who “Lodge” their records under this Rule shall: (1) Physically attach a completed Receipt for Confidential Lodged Financial Statements (Form PR-27) (2) Electronically lodge records E. The Public Guardian is exempt from stating their Schedule for Income and Disbursements in chronological format by account and in a categorical format as required in paragraph “A” above. (Adopted, effective July 1, 2004, formerly Rule 4.81(h)(1)]; Amended, effective January 1, 2008; Amended, effective July 1, 2009; Amended, effective January 1, 2019; Amended, effective July 1, 2024) Rule 4.81.18 Confidential Status Report. A. Unless waived by the Court, every conservator shall file a Confidential Status Report at the time of the court review, excluding the six (6)-month review, or upon the filing of an accounting. A local form “Confidential Status Report (PR-19)” may be submitted or, the conservator may submit a more detailed pleading as appropriate under the circumstances but it must include all the information required in Local Court Form PR-19. The report shall include conservatee’s: 1. Name/address/telephone/type of residence; 2. Diagnosis; 3. Living arrangements & functional level (describe what assistance is provided); length of stay at residence; describe the facility, what services it offers and the medical monitoring; intent to continue placement or make a change; any hospitalizations; 4. State current value, average monthly income, average monthly expenses, explaining any unusual receipts, expenses or “internal accounting adjustments” not otherwise delineated in the account, and the amount of the bond required to cover all assets, less real property, and estimated income for one year. State if there is a trust/special needs trust, name of trustee, and fair market value of the trust. Provide income information for conservatees receiving public benefits and name of Representative Payee. 5. Current issues - conservator’s personal observations and compliance with court orders; 6. Description of all sales, purchases, changes in form of assets, explanation of unusual items, statement of all compensation paid from assets subject to the account, family affiliation, cash invested; and 7. Dates of visits to conservatee. B. The Public Guardian is exempt from the use of the “Confidential Status Report” form that is required in paragraph “A” above. However, all of the information required in the report must be included if another format is used. (Adopted, effective July 1, 2004, formerly Local Rules 4.81(h) and (i); Amended, effective July 1, 2006; Amended, effective July 1, 2009; Amended, effective January 1, 2019) Rule 4.81.19 Disclosure of Fees for Private Professional Conservators At the time a private professional conservator is nominated to serve as conservator, the petitioner must attach the professional conservator’s hourly rate to the petition for appointment of conservator. (Adopted, effective July 1, 2004; Amended, effective July 1, 2009) Rule 4.81.20 Death of Conservatee Upon the death of a conservatee: (a) The conservator shall file a Notice of Death of Conservatee with a certified copy of the death certificate attached within 60 days. (b) For conservator of the person only, no further request for discharge is required. Probate Code section 1860. (c) For conservator of the estate, a final account shall be filed within 60 days from the date of death and shall be approved by the court before the conservator will be discharged, unless otherwise waived by the court. The Public Guardian is exempt from the 60-day requirement. The Public Guardian shall, within 120 days from the date of death of the conservatee, file either (1) a final account or (2) a status report showing the condition of the conservatorship estate, the reasons why the final account cannot be filed with 120 days, and an estimate of the time needed to file the final account. (d) Notice of the hearing on the settlement of the final account be given to the personal representative of the probate estate, if one has been appointed, is named in the conservatee’s will, or if none, to any legatee and to the heirs of the conservatee so far as is known to the conservator. (Adopted, effective July 1, 2004, formerly Rule 4.81(l); Amended, effective January 1, 2019; Amended, effective July 1, 2019) Rule 4.81.21 Time for Allowing Compensation The time for allowing compensation is governed by Probate Code Sections 2640-2642. Petitions for periodic payment must comply with Probate Code section 2643 and California Rule of Court, Rule 7.755. Adopted, effective July 1, 1996; Amended, effective July 1, 2003; Amended, effective July 1, 2004, formerly Rule 4.86). Rule 4.81.22 Obtaining Final Discharge. Discharge of the conservator will not be made in the order settling final account. A separate declaration for final discharge must be submitted, together with the receipts executed by all persons receiving conservatee’s property thereunder and a copy of the order settling the final account and ordering delivery of the assets. (Adopted, effective July 1, 2004, formerly Rule 4.81(m)) Rule 4.82 Substituted Judgment Prior Court approval is required for any action specified in Probate Code Section 2580, et seq. such as the making of a gift or gifts or the establishment of a trust or trusts. A. Petition: A clear factual showing as required by Probate Code Section 2583 shall be included in each petition submitted. B. Notice: Notice shall be given under Probate Code Section 2581 except in those cases in which there has been a prior Court order dispensing with notice to some person or persons. C. Appointment of Independent Counsel: Prior to the hearing on any petition for substituted judgment pursuant to Probate Code Section 2500 et seq., unless waived by the court, independent counsel for the conservatee shall be appointed by the court through the Court Investigator’s Office. Independent Counsel shall report to the Court regarding the efficacy and propriety of the proposed action. D. Bond and Accountings: A trust created pursuant to this rule shall include the following, unless exempted by order of the court for good cause show: (1) During the period of the conservatorship, any trust created pursuant to this section shall state that the trustee and the trust shall be subject to court supervision. The continuing jurisdiction of the court shall be reflected in the order for substituted judgment. (2) Accountings shall be subject to court approval and are required to be filed concurrently with conservatorship reviews and, (3) A reasonable bond shall be required of the trustee, unless otherwise waived by the court. (4) No fees shall be paid to the trustee or attorneys without prior court approval. (5) Upon termination of the conservatorship, the trust may be released from court supervision upon order of the court. F. Confidential Filings: Petitioner may requests that estate planning documents be filed as confidential documents. The request may be made on an ex parte basis. G. Filing Procedures: All filings must consist of an original and two(2) copes. Signatures must be in blue ink. The clerk will retain the original and one(1) copy of all documents. (The clerk will deliver the copy to the Court Investigators). The second copy will be “endorsed filed” and will be returned to the filing party for his/her records. G. See Local Rules of Court, Rule 4.94 (Adopted, effective July 1, 1996; Amended, effective January 1, 2000; Amended, effective July 1, 2004; Amended, effective July 1, 2009)
CHAPTER 12. GUARDIANSHIPS AND CONSERVATORSHIPS Rule 4.76 Temporary Conservatorships A. In exigent circumstances, petitions may be presented ex parte. On those days that the Probate Presiding Judge is not available, the petitioner shall present his/her petition to the court’s Presiding Judge or the judge designated to hear ex parte matters. A separate petition for the appointment of a regular conse
Reviewer note: Composed 2026-10-08 (California T4 San Mateo build 2026-10-08) from BenchPath custody ca/t4/ca-san-mateo/docs/local-rules/localrules.pdf (the court's rule book, “Local Court Rules As Amended Effective July 1, 2026”, as fetched 2026-10-08; 2288146 bytes, sha256 339b824c762c382bbe9451825137a370ed61c341ed5b7f53b448b46bb3dcca2b; 234 pages) with the shared verbatim composer (v2 reflow) over the Introduction and Divisions I to XI (PDF pages 33 to 210, each division's contents pages left out): each page's running header (“Superior Court of California, County of San Mateo”), its running label (the division's label, the page number and the page's revision date) and each division's “Return to Table of Contents” link box removed as chrome; lines reflowed into the rules' paragraphs; seven rule citations the reflow broke at a line end rejoined, the Court Schedule of Attorney Fees (Rule 6.1.1; a table printed without rules) set one printed row a line, and sixteen paragraph and heading breaks the reflow ran together set back - among them Division III's headings 3.8, 3.9 and 3.13, printed without the word “Rule” (24 whitespace-only fixes); Divisions II, IV and VI cut at their chapter headings, which reassemble them (Division II's Chapter 3 is “[RESERVED]”: its heading alone, no card); no struck character (the strike report); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the filing instructions, the List of Currently Effective Rules, the divisions' contents pages, Attachment I (the local court forms list) and the index 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.