Need statutory requirements for notification and identification for conservator/guardianship

http://www.courtinfo.ca.gov/selfhelp/seniors/duties.htm This link provides good information. 1. Conservatorships and guardianships are very hard to do, even for lawyers who have not worked the area before. Use an experienced lawyer. 2. Although the starting Petition may be filed pro per (no lawyer), the appointed conservator or guardian must use a lawyer for court proceedings thereafter, and there will be several. 3. The Petition can seek appointment of the public guardian.

The conservator or guardian will have to provide background information and ID will be needed sufficient to identify you; is the best I can answer ;several forms of ID depending on what you have ; There is an investigation and some background checking involved by the court investigator; criminal records checked; contact with CPS or adult protective services etc etc... the ward's next of kin is notified ; that is simple sounding but there are particular requirements. You lumped guardianship and conservatorship. One is for minors the other adults. Rules about notifying minor's next of kin is a little more complicated. Parents, grandparents; siblings, half siblings; presumed father' alleged father; under a certain age service is different on siblings etc parents are personally served, others are served by mail. The notification requirements are very rigorous for both conservatorships and guardianships perhaps due to broken homes it seems more problematic with guardianships of children.

According to the CA Probate code this is what is required: 1822. (a) At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition. The court may not shorten the time for giving the notice of hearing under this section. (b) Notice shall be mailed to the following persons: (1) The spouse, if any, or registered domestic partner, if any, of the proposed conservatee at the address stated in the petition. (2) The relatives named in the petition at their addresses stated in the petition. (c) If notice is required by Section 1461 to be given to the Director of Mental Health or the Director of Developmental Services, notice shall be mailed as so required. (d) If the petition states that the proposed conservatee is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be mailed to the Office of the Veterans Administration referred to in Section 1461.5. (e) If the proposed conservatee is a person with developmental disabilities, at least 30 days before the day of the hearing on the petition, the petitioner shall mail a notice of the hearing and a copy of the petition to the regional center identified in Section 1827.5. (f) If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and are not nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice shall be mailed to the public guardian of the county in which the petition is filed. 1823. (a) If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing. (b) The citation shall include a statement of the legal standards by which the need for a conservatorship is adjudged as stated in Section 1801 and shall state the substance of all of the following: (1) The proposed conservatee may be adjudged unable to provide for personal needs or to manage financial resources and, by reason thereof, a conservator may be appointed for the person or estate or both. (2) Such adjudication may affect or transfer to the conservator the proposed conservatee's right to contract, in whole or in part, to manage and control property, to give informed consent for medical treatment, and to fix a residence. (3) The proposed conservatee may be disqualified from voting if not capable of completing an affidavit of voter registration. (4) The court or a court investigator will explain the nature, purpose, and effect of the proceeding to the proposed conservatee and will answer questions concerning the explanation. (5) The proposed conservatee has the right to appear at the hearing and to oppose the petition, and in the case of an alleged developmentally disabled adult, to oppose the petition in part, by objecting to any or all of the requested duties or powers of the limited conservator. (6) The proposed conservatee has the right to choose and be represented by legal counsel and has the right to have legal counsel appointed by the court if unable to retain legal counsel. (7) The proposed conservatee has the right to a jury trial if desired. 1824. The citation and a copy of the petition shall be served on the proposed conservatee at least 15 days before the hearing. Service shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such manner as may be authorized by the court. If the proposed conservatee is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.