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2014 California Rules of Court

Rule 7.1063. Change of conservatee's residence

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

Unless an emergency requires a shorter period of notice, the conservator of the person must mail copies of a notice of an intended change of the conservatee'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 conservatee;

(2)The conservatee's attorney of record;

(3)The conservatee's spouse or registered domestic partner; and

(4)The conservatee's relatives named in the Petition for Appointment of Probate Conservator (form GC-310), including the conservatee's "deemed relatives" under Probate Code section 1821(b)(1)-(4) if the conservatee has no spouse or registered domestic partner and no second-degree relatives.

(b) Conservatee's personal residence

(1)The "conservatee's personal residence" under (a) is the residence the conservatee understands or believes, or reasonably appears to understand or believe, to be his or her permanent residence on the date the first petition for appointment of a conservator was filed in the proceeding, whether or not the conservatee is living in that residence on that date. A residential care facility, including a board and care, intermediate care, skilled nursing, or secured perimeter facility, may be the conservatee's personal residence under this rule.

(2)If the conservatee cannot form or communicate an understanding or belief concerning his or her permanent residence on the date the first petition for appointment of a conservator was filed in the proceeding, his or her personal residence under this rule is the residence he or she last previously understood or believed, or appeared to understand or believe, to be his or her permanent residence.

(3)For purposes of this rule, the following changes of residence are or are not changes of the conservatee's personal residence, as indicated:

(A)A move from the conservatee's personal residence under this rule to a residential care facility or other residence is a change of the conservatee's personal residence under (a).

(B)A move from a residential care facility or other residence to another residence that is not the conservatee's personal residence under this rule is a change of the conservatee's personal residence under (a).

(C)A move from a residential care facility or other residence to the conservatee's personal residence under this rule is not a change of the conservatee's personal residence under (a).

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

The conservator of the person must file a notice of a change of the conservatee's residence with the court within 30 days of the date of the change. Unless waived by the court for good cause to prevent harm to the conservatee, the conservator must mail a copy of the notice to the persons named below and file a proof of mailing with the original notice filed with the court. Unless waived, the notice must be mailed to:

(1)The conservatee's attorney of record;

(2)The conservatee's spouse or registered domestic partner; and

(3)The conservatee's relatives named in the Petition for Appointment of Probate Conservator (form GC-310), including the conservatee's "deemed relatives" under Probate Code section 1821(b)(1)-(4) if the conservatee has no spouse or registered domestic partner and no second-degree relatives.

(d) Conservatee's residence

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

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

(1)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 conservator, the conservator'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 conservator, the conservator'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 conservatee's residence outside California

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

Rule 7.1063 adopted effective January 1, 2008.

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