|     printer icon  Printer-friendly version of this page

2014 California Rules of Court

Rule 7.1013. Change of ward's residence

(a) Pre-move notice of change of personal residence required

Unless an emergency requires a shorter period of notice, the guardian of the person must mail copies of a notice of an intended change of the ward's personal residence to the persons listed below at least 15 days before the date of the proposed change, and file the original notice with proof of mailing with the court. Copies of the notice must be mailed to:

(1)The ward if he or she is 12 years of age or older;

(2)The attorney of record for the ward;

(3)The ward's parents;

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

(5)A guardian of the ward's estate; and

(6)Any person who was nominated as guardian of the ward under Probate Code sections 1500 or 1501 but was not appointed guardian in the proceeding.

(b) Ward's personal residence

The "ward's personal residence" under (a) is the ward's residence when the first petition for appointment of a guardian was filed in the proceeding.

(c) Post-move notice of a change of residence required

The guardian of the person of a minor must file a notice of a change of the ward's residence with the court within 30 days of the date of any 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 guardian's attorney must also mail a copy of the notice to the persons listed below and file a proof of mailing with the original notice. Unless waived, copies of the notice must be mailed to:

(1)The ward's attorney of record;

(2)The ward's parents;

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

(4)A guardian of the ward's estate; and

(5)Any person who was nominated as guardian of the ward under Probate Code sections 1500 or 1501 but was not appointed guardian in the proceeding.

(d) Ward's residence

The "ward's residence" under (c) is the ward's residence at any time after appointment of a guardian.

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

(1)em] The Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward (form GC-079) must be used for the pre-move notice required under (a) and Probate Code section 2352(e)(3). The guardian, the guardian's attorney, or an employee of the attorney may complete the mailing and sign the proof of mailing on page 2 of the form. If the notice is mailed less than 15 days before the date of the move because an emergency requires a shorter period of notice, the basis for the emergency must be stated in the notice.

(2)The Post-Move Notice of Change of Residence of Conservatee or Ward (form GC-080) must be used for the post-move notice required under (c) and Probate Code section 2352(e)(1) and (2). The guardian, the guardian's attorney, or an employee of the attorney may complete the mailing and sign the proof of mailing on page 2 of the form.

(f) Prior court approval required to establish ward's residence outside California

Notwithstanding any other provision of this rule, prior court approval is required before a ward's residence may be established outside the state of California.

Rule 7.1013 adopted effective January 1, 2008.

[ Back to Top ]