Cal. R. 7.1013

As amended through July 24, 2024

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 and any former Indian custodian;

(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 but was not appointed guardian in the proceeding; and

(7) The ward's tribe, if the ward is an Indian child and the ward's tribe has intervened 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 and any former Indian custodian;

(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;

(5) Any person who was nominated as guardian of the ward but was not appointed guardian in the proceeding; and

(6) The ward's tribe, if the ward is an Indian child and the ward's tribe has intervened 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) 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.

(g) Wards 18 to 20 years of age

For a ward who is at least 18 but not yet 21 years of age, a copy of any notice under this rule must be mailed only to the ward and the ward's attorney of record.

Cal. R. Ct. 7.1013

Rule 7.1013 amended effective 9/1/2023; amended effective 1/1/2022; amended effective 7/1/2016; adopted effective 1/1/2008.