Hearing

Cal. Form PR-179

California Superior Local Rules

SDSC PR-179 (Rev. 5/25) CONSERVATORSHIP TIMELINE & CHECKLIST Informational Form Approximate Deadlines: Brief Description of Required Action: □ File Petition for Appointment of Probate Conservator and required forms Complete and file Petition for Appointment of Probate Conservator (JC Form #GC-310); Citation for Conservatorship (JC Form #GC-320) (Citation); Confidential Supplemental Information (JC Form #GC-312); Confidential Conservator Screening Form (JC Form #GC-314); Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators (JC Form #GC-348); Referral Information and List of Relatives (SDSC Form #PR-020). □ Capacity Assessment The proposed conservatee will need to be evaluated and the assessing clinician will need to complete a Confidential Capacity Assessment and Declaration (JC Form #GC-335).

This form must be filed prior to the hearing date. Additional forms (JC Form #GC-335A and #GC-325) may also be required. □ At least 30-days before Hearing Date Limited Conservatorships only: Provide Notice of Hearing – Guardianship or Conservatorship (JC Form #GC-020) (Notice) to Regional Center`` and file proof of service. □ 3-weeks before Hearing Date Submit Order Appointing Probate Conservator (JC Form #GC-340) and Letters of Conservatorship (JC Form #GC- 350).

For Conservatorships of Estate, submit bond, if applicable. □ At least 15-days before Hearing Date Personally serve Citation on proposed conservatee and file proof of service. Provide Notice to all relatives listed in petition and file proof of service. Provide Notice to any other interested parties, as applicable, and file proof of service.

Interested parties may include Public Guardian, Public Conservator, Veterans Administration, Director of Mental Health. □ Reports Prior to Hearing Date Prior to the hearing date, the proposed conservator should receive copies of the following relevant reports that are filed in the case: Regional Center Report – In Limited Conservatorships, the Regional Center will prepare a report on the proposed conservatee and submit it to the court. Court-Appointed Attorney Report – The court will appoint an attorney to represent the proposed conservatee.

The attorney will meet with the proposed conservatee and may contact other relatives. Court Investigator Report - The court will determine if a court investigation is required prior to the hearing. If one is required, a court investigator will meet with the proposed conservatee and interview parties and relatives. □ Within 2-weeks from Hearing Date Review Probate Notes on the court’s website. Correct defects. Some defects may be corrected by clarifying on a Response to Probate Notes form (SDSC Form #PR-177). □ Hearing Date If there are no defects and/or objections, the Judge will grant the petition.

If there are defects or if someone objects, there may be a continuance for defects to be cleared and/or objections to be filed. □ After Hearing Date Once the court grants the petition, the Order & Letters that were submitted three-weeks prior to the hearing will be reviewed for accuracy, signed by the Judge, issued by the clerk, and returned to the proposed conservator. □ Within 30-days after Order issued Serve the Notice of Conservatee’s Rights (JC Form #GC-341) on the conservatee and all relatives listed in the petition.

File a copy with the Proof of Mailing completed on page 3. □ Within 90-days after Hearing Date Conservatorships of the Estate: File an Inventory & Appraisal (JC Form #DE-160/GC-040). General Conservatorships: If ordered by the court, complete the online Conservatorship of the Person and/or Estate Orientation Class and file the Certificate of Completion – Conservatorship Orientation Class (SDSC Form #PR-186) with the court. □ Within 120-days after Hearing Date Conservatorships of the Person: File the Confidential Conservatorship Care Plan – Part and

Part 2 (JC Form #GC-355 & #GC-356), as applicable. □ 1-Year after Hearing Date All Conservatorships: A review investigation will be conducted by the court investigator to ensure the needs of the Conservatee are being met. Conservatorships of the Estate: File an accounting. □ Periodic Reviews / Accountings All Conservatorships: The court investigator will return annually or biennially, as prescribed by the Probate Code and as resources permit. These visits may be unannounced.

Conservatorships of the Estate: After the first accounting, further accountings will be required biennially, unless the court orders otherwise. □ Death of Conservatee Conservatorships are terminated by court order or upon the death of the conservatee: All Conservatorships: The Notice of the Conservatee’s Death (JC Form #GC-399) must be completed, filed, and served. Conservatorships of the Estate: File the final accounting.

File Petition Capacity Assesment Service of Parties Reports Probate Notes Hearing Date Order & Letters 30, 90, 120- Days After 1-Year After Periodic Reviews Termination Conservatorship Timeline & Checklist Note: This is an approximate timeline and checklist for the Probate Conservatorship process and is not intended to cover every scenario. It is the proposed conservator’s responsibility to research and determine which tasks apply to each specific circumstance. For more complex situations involving an estate or conservatorships that might be challenged or contested it may be best to seek legal representation.

Refer to Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators (JC Form #GC-348) for more information.

Document details

Collection	California Superior Local Rules
Citation	Cal. Form PR-179
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	580ebd92a83ed42a0771a0f298cc9b1dabe15606

Source file is stored in the law ingest library (pdf).