(a) Purpose
The purpose of this rule is to establish uniform standards for the good cause exception to the notice of the hearing required on a petition for appointment of a temporary conservator under Probate Code section 2250(e).
(Subd (a) amended effective January 1, 2009.)
(b) Good cause for exceptions to notice limited
Good cause for an exception to the notice required by section 2250(e) must be based on a showing that the exception is necessary to protect the proposed conservatee or his or her estate from immediate and substantial harm.
(Subd (b) amended effective January 1, 2009.)
(c) Court may change the time or manner of giving notice
An exception to the notice requirement of section 2250(e) may include one or any combination of the following:
(1) Waiving notice to one, more than one, or all persons entitled to notice;
(2) Requiring a different period of notice; and
(3) Changing the required manner of giving notice, including requiring notice by telephone, fax, e-mail, or personal delivery, or a combination of these methods, instead of or in addition to notice by mail to the proposed conservatee's spouse or registered domestic partner and relatives.
(Subd (c) amended effective July 1, 2008.)
(d) Good cause exceptions to notice
Good cause for an exception to the notice requirement of section 2250(e) may include a showing of:
(1) Harm caused by the passage of time. The showing must demonstrate the immediate and substantial harm to the conservatee or the conservatee's estate that could occur during the notice period.
(2) Harm that one or more persons entitled to notice might do to the proposed conservatee or the proposed conservatee's estate if notice is given. Such a showing would not support an exception to the requirement to give notice to any other person entitled to notice unless it also demonstrates that notice cannot reasonably be given to the other person without also giving notice to the persons who might cause harm.
(3) Medical emergency. The emergency must be immediate and substantial and treatment (1) must be reasonably unavailable unless a temporary conservator is appointed and (2) cannot be deferred for the notice period because of the proposed conservatee's pain or extreme discomfort or a significant risk of harm.
(4) Financial emergency. The emergency must be immediate and substantial and other means shown likely to be ineffective to prevent loss or further loss to the proposed conservatee's estate during the notice period.
(Subd (d) amended effective January 1, 2009.)
(e) Contents of request for good cause exception to notice
A request for a good cause exception to the notice requirement of section 2250(e) must be in writing, separate from the petition for appointment of a temporary conservator, and must include:
(1) An application containing the case caption and stating the relief requested;
(2) An affirmative factual showing in support of the application in a declaration under penalty of perjury containing competent testimony based on personal knowledge;
(3) A declaration under penalty of perjury based on personal knowledge containing the information required for an ex parte application under rule 3.1204(b); and
(4) A proposed order.
(Subd (e) amended effective January 1, 2009.)
Rule 7.1062 amended effective January 1, 2009; adopted effective January 1, 2008; previously amended effective July 1, 2008.