Title
Title
Rules and Forms | Probate Conservatorship and Guardianship: Notice of Change of Residence and Notice of Death
(Action Required)
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Summary
Summary
Amendments to Probate Code sections 2352, 2361, and 2700 by Senate Bill 1106 (Stats. 2024, ch. 455) expanded the duty of a conservator or guardian of the person to give notice before the change of residence of a conservatee or ward and required a conservator to give notice, electronically if possible, of any arrangements they have made for a deceased conservatee’s funeral, burial, or memorial. The Probate and Mental Health Advisory Committee recommends amending two rules and revising six forms to apply the new statutory requirements and update the rules and forms to conform to other amendments to the law, including the statutory authorization of electronic delivery of notices and other papers, subject to consent.
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Recommendation
Recommendation
The Probate and Mental Health Advisory Committee recommends that the Judicial Council, effective July 1, 2025:
1. Amend California Rules of Court, rule 7.1013 to eliminate the separate treatment of the ward’s personal residence, restructure the rule to group concurrent actions together, update the rule to conform to new and existing law, and make technical and conforming changes;
2. Amend rule 7.1063 to eliminate the separate treatment of the ward’s personal residence, restructure the rule to group concurrent actions together, update the rule to conform to new and existing law, and make technical and conforming changes;
3. Revise Request for Special Notice (form DE-154/GC-035) to provide for electronic delivery, clarify the requirements for delivery, and make technical and conforming changes;
4. Revise Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward (form GC-079) to retitle it Notice Before Proposed Change of Residence of Conservatee or Ward, update the instructions and item 4 to conform to new and existing law, and make technical and conforming changes;
5. Revise Attachment to Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward (form GC-079(MA)) by retitling it to reflect the new title of form GC-079 and making technical and conforming changes;
6. Revise Post-Move Notice of Change of Residence of Conservatee or Ward (form GC-080) to retitle it Notice After Change of Residence of Conservatee or Ward, update the instructions and item 3 to conform to new and existing law, and make technical and conforming changes;
7. Revise Attachment to Post-Move Change of Residence of Conservatee or Ward (form GC-080(MA)) by retitling it to reflect the new title of form GC-080 and making technical and conforming changes; and
8. Revise Notice of the Conservatee’s Death (form GC-399) to allow for notice of funeral arrangements, provide for electronic delivery, and make technical and conforming changes.
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