San Mateo — 11-118

Source: https://sanmateo.courts.ca.gov/system/files/11-118.pdf

Sparse pages use OCR; original PDF remains authoritative.

ll 12 13 14 15 16 18 19 20 21 22 23, 24 25 STANDING ORDER 11-118 FILED SAN MATEO COUNTY IN THE SUPERIOR COURT OF THE STATE OF CALIFORMT A. 19 2011 IN AND FOR THE COUNTY OF SAN MATEO Gig; a By eT EI CLERK SUPERIOR COURT OF CALIFORNIA STANDING GENERAL ORDER COUNTY OF SAN MATEO APPOINTING THE COURT INVESTIGATOR California Rules of Court, Rule 7.1060 Local Court Rule, Rule 4.81.4 ~~ SS GOOD CAUSE APPEARING THEREFORE, pursuant to California Rules of Court Rule 7.1060 authorizing the court by local rule to require a general order instead of optional forms GC+ 330, GC-331 and GC-332 be used to appoint and direct the actions of court investigators concerning all or any of the investigations and reports described therein, and pursuant to Local Court Ruld 4.81.4, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: Court Investigators designated/assigned through the Court Investigator’s office of the Superior Court off California, County of San Mateo (hereafter referred to as San Mateo Superior Court) are appointed and directed upon the conditions set forth below:

1. Appointment of a General Conservator- Upon the filing of a Petition for Conservatorship and prior to the appointment of a general conservator, an investigator designated/assigned through the Court Investigator’s office of the San Mateo Superior Court is appointed and directed to: a. Interview the proposed conservatee personally and conduct all other interviews required by Probate Code section 1826(a). STANDING GENERAL ORDER APPOINTING THE COURT INVESTIGATOR 1

10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STANDING ORDER 11-118 b. Provide the information required by Probate Code section 1826(b) to the proposed conservatee. ic Determine whether it appears that the proposed conservatee is, or is not, able to attend the hearing and, if able to attend, whether he or she is willing to attend. d. Make the determinations required by Probate Code sections 1826(d)-(j). In making those determinations, review the allegations of the Petition for Appointment of Probate Conservator (form GC-310) as to why the appointment of a conservator is required and refer to the Confidential Supplemental Information (form GC-312) submitted by the petitioner. Consider the facts shown in the latter form and address each of the categories specified in Probate Code section 1821(a)(1)-(5) and consider, to the extent practicable, whether you believe the proposed conservatee suffers from any of the mental function deficits listed in Probate Code section 81 1(a) that significantly impairs his or her ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in Probate Code section1801(a) (if a conservator of the person is sought) or section 1801(b) (ifa conservator of the estate is sought). If you believe the proposed conservatee suffers from one or more mental function deficits listed in Probate Code section 811(a), identify all observations that support your belief. e. Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatee’s express communications concerning (1) representation by legal counsel; and (2) whether he or she is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator. STANDING GENERAL ORDER APPOINTING THE COURT INVESTIGATOR 2

10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STANDING ORDER 11-118 2. Appointment of Temporary Conservator- Upon the filing of a Petition for Appointment of a Temporary Conservator and prior to the appointment of a temporary conservator an investigator designated/assigned through the Court Investigator’s office of the San Mateo Superior Court is appointed and directed: a. To the extent feasible, before the hearing on the petition or, if not feasible, within two) court days after the hearing, interview the proposed conservatee personally and conduct all other interviews required by Probate Code section 2250.6(a) (pre-hearing) or 2250.6(b)(1) (post-hearing). To provide to the temporary conservatee or proposed temporary conservatee the information required by Probate Code section 2250.6(a)(2) (pre-hearing) or 2250.6(b)(2) (post-hearing). To the extent feasible, make the determinations required by Probate Code section 2250.6(a)(3)-(5) before the hearing on the petition. To the extent feasible, before the hearing on the petition, report to the court in writing concerning all of the matters stated in items 2 a.-c.. If the court investigator does not visit the temporary conservatee until after the hearing at which a temporary conservator was appointed and the temporary conservatee objects to the appointment of the temporary conservator or requests an attorney, to report this information to the court promptly and in no event more than three court days after the date of your interview with the temporary conservatee. If it appears to the court investigator that the temporary conservatorship is inappropriate, to immediately, and in no event more than two court days after you make your determination, make a written report of your determination to the court. STANDING GENERAL ORDER APPOINTING THE COURT INVESTIGATOR 3

12 13 14 1S 16 20 21 22. 23 24 STANDING ORDER 11-118 3. Change of Residence of the Temporary Conservatee- Upon the filing of a petition that includes a request for authorization to change the residence of a temporary conservatee and prior to the court granting an order under Probate Code section 2253 authorizing the temporary conservator to change the residence of the temporary conservatee, an investigator designated/assigned through the Court Investigator’s office of the San Mateo Superior Court is appointed and directed to: a. Personally interview and inform the temporary conservatee of the contents of the request by the temporary conservator for authority to change the temporary conservatee’s residence; of the nature, purpose, and effect of the proceedings; and of the right to oppose the request, attend the hearing, and be represented by legal counsel. b. Make the determinations required by Probate Code section 2253(b)-(7). C At least two days before the hearing on change of residence, report your findings concerning the foregoing in writing to the court, including in your report the temporary conservatee’s express communications concerning representation by legal counsel and whether he or she is not willing to attend the hearing and does not wish to contest the petition. d. To comply with other orders as directed, including an order NOT to conduct the investigation and NOT to make the report described in Probate Code section 2253(b). 4. Medical consent under Probate Code section 1880- Upon receipt of a petition for an order determining that there is no form of medical treatment for which the conservatee or proposed conservatee has the capacity to give informed consent and alleging that he or she is not willing to attend the hearing, or upon the court having received an affidavit or certificate attesting to the medical inability of the conservatee or proposed conservatee to attend the STANDING GENERAL ORDER APPOINTING THE COURT INVESTIGATOR 4

10 11 12 13 15 16 Ag 18 19 20 21 22 23 24 25 STANDING ORDER 11-118 hearing, and prior to the court granting an order relating to medical consent under Probate Code section 1880, an investigator designated/assigned through the Court Investigator’s office of the San Mateo Superior Court is appointed and directed to: a. Personally interview and inform the conservatee or proposed conservatee of the contents of the petition; of the nature, purpose, and effect of the proceedings; and of the right to oppose the petition, attend the hearing, and be represented by legal counsel. b. Make the determinations required by Probate Code section 1894 (c) -(g). c. . At least five days before the hearing on the petition, report your findings concerning the foregoing in writing to the court, including in your report the conservatee’s express communications concerning representation by legal counsel and whether the conservatee is not willing to attend the hearing and does not wish to contest the petition. d. Comply with additional orders as specified by the court. 5. Appointment of a Successor Conservator- Upon receipt of a petition for the appointment of a successor conservator alleging that the conservatee will not be present at the hearing, or upon the conservatee’s failure to appear at the hearing for appointment of a successor conservator after having alleged in the petition that they would appear, an investigator designated/assigned through the Court Investigator’s office of the San Mateo Superior Court is appointed and directed to: a. Interview the conservatee personally. b. Inform the conservatee of the nature of the proceeding to appoint a successor conservator, of the name of the proposed successor conservator, of the conservatee’s rights to appear personally at the hearing, to object to the person proposed as STANDING GENERAL ORDER APPOINTING THE COURT INVESTIGATOR 5

13 14 15 16 17, 20 21 22 23 24 25 STANDING ORDER 11-118 successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee chooses, and to have legal counsel appointed by the court if the conservatee is unable to retain legal counsel. c. Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed. d. If the conservatee is not represented by legal counsel, determine whether he or she wishes to be represented by legal counsel and, if so, identify the attorney whom the conservatee wishes to retain or whether he or she desires the court to appoint legal counsel. & If the conservatee does not plan to retain legal counsel and has not requested appointment of legal counsel by the court, determine whether the appointment of legal counsel would be helpful to resolution of the matter or is necessary to protect the interests of the conservatee. f; Report to the court in writing, at least five days before the hearing or continued hearing, concerning items (b) through (e), including the conservatee’s express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed. g. Mail, at least five days before the hearing or continued hearing, a copy of the report identified in item (f) to the attorneys, if any, for the petitioner and the conservatee and} to additional persons as otherwise ordered. 6. Review Investigation — When court review is required pursuant to Probate Code section 1850 (a)(2); or pursuant to Probate Code section 1850.5, or as otherwise ordered pursuant to Probate Code section 1850 (b), an investigator designated/assigned through the Court STANDING GENERAL ORDER APPOINTING THE COURT INVESTIGATOR 6

12 13 14 15 16 17 18 19 20 21 22 23 24 25 STANDING ORDER 11-118 Investigator’s office of the San Mateo Superior Court is appointed and directed to conduct the required investigations as follows: a. Reviews conducted pursuant to Probate Code Section 1850(a)(2) and 1850.5: 1) 2) 3) 4) 5) Unless otherwise ordered by the court for necessity or to prevent harm to the conservatee, the court investigator shall, without prior notice to the conservator, visit the conservatee personally and give the name of the conservator to the conservatee. Make determinations required by Probate Code section 1851(a), including whether the conservator is acting in the best interests of the conservatee. This last determination must include an examination of the conservatee’s placement; the quality of care, including physical and mental treatment; and the conservatee’s finances and must include, to the greatest extent possible, interviews with the conservator, the conservatee’s spouse or registered domestic partner and relatives within the first degree, or, if none, the conservatee’s relatives within the second degree. If the case includes orders under Probate Code section 1873 (authority of conservatee to enter into transactions), Probate Code section 1880 (conservatee’s capacity to give informed consent to medical treatment), Probate Code section 1901 (conservatee’s capacity to marry), determine whether the present condition of the conservatee is such that the terms of the court order or orders identified above should be modified or revoked. To the extent practicable, review the conservator’s accounting with the conservatee if he or she has sufficient capacity. Inform the court immediately if the investigator is unable at any time to locate the conservatee. STANDING GENERAL ORDER APPOINTING THE COURT INVESTIGATOR 7

10 11 12 13 14 15 18 19 20 21 22 23 24 // // // order is vacated or superseded by order of the Presiding Judge or Local Rule of Court. STANDING GENERAL ORDER APPOINTING THE COURT INVESTIGATOR 8 6) 7) 8) 9) Reviews conducted pursuant to Probate Code Section 1850(b). Review investigations initiated upon the court’s own motion or as otherwise ordered pursuant to a request by an interested party will be conducted and reported by the court investigator as directed by the court and within the scope of the issues to be addressed. IT IS FURTHER ORDERED that this order shall remain in effect until such time as the STANDING ORDER 11-118 If the conservator is authorized to act under Probate Code section 2356.5 (dementia treatment or placement), advise the conservatee specifically that he or she has the right to object to the conservator’s powers granted under this section If the conservatee objects to the conservator’s powers under this section, determine whether the powers granted under this section are warranted, and whether some change in those powers is warranted. In the case of a limited conservatorship, make a recommendation regarding the continuation or termination of the limited conservatorship. The court investigator may personally visit the conservator and other persons as may be necessary to determine whether the present conservator is acting in the best interests of the conservatee. Certify in writing to the court not less than 15 days prior to the date of the review the investigators determinations and findings, including the facts upon which the findings are based.

11 12 13 14 15 17 18 19 20 21 22 23 24 25 STANDING ORDER 11-118 Dated: August 9 , 2011. IT IS SO ORDERED: LYMLY lntoman Hoh. Beth Labson Freeman, Presiding Judge STANDING GENERAL ORDER APPOINTING THE COURT INVESTIGATOR 9