Title
Title
Rules and Forms | Probate Conservatorship: Acceptance of Transfers Under the California Conservatorship Jurisdiction Act (Action Required)
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Summary
Summary
Under recent statutory changes enacted by Assembly Bill 2841 (Stats. 2022, ch. 807), the courts are required to provide specific information to the Secretary of State when a person has been disqualified from voting. In addition, a member of the Probate and Mental Health Advisory Committee noted difficulty in obtaining necessary information when reviewing a request to accept transfer of a conservatorship from another jurisdiction. The Probate and Mental Health Advisory Committee recommends amending one rule of court and revising two optional forms to provide the court with information it needs for the transfer of conservatorships into California and the reporting duties imposed by the Elections Code. This will make proceedings more efficient and conform to the statutory changes.
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Recommendation
Recommendation
The Probate and Mental Health Advisory Committee recommends that the Judicial Council, effective January 1, 2026:
1. Amend California Rules of Court, rule 7.1050 to require the information provided with a petition for appointment of a conservator to be provided with a petition to accept transfer of a conservatorship from another jurisdiction;
2. Revise Petition for Orders Accepting Transfer (form GC-366) to add a definition and instructions and to require attachment of the proposed order; and
3. Revise Final Order Accepting Transfer (form GC-368) to improve clarity and promote compliance with the content requirements for a court order.
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