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local probate rule 18

PROBATE RULE 18: LANTERMAN PETRIS SHORT (LPS) ACT CONSERVATORSHIPS

A. ACCOUNTINGS – TERMINATION OF ONE-YEAR PRIVATE LPS CONSERVATORSHIPS OF THE PERSON AND ESTATE

(Eff. 1/01/12)

(1) At the end of the one-year LPS conservatorship of the estate, where the conservator is a private party and not the Public Guardian, an Order Re: Accounting directing compliance with the statutory accounting requirements, with accompanying “Declaration For Waiver Of Accounting Per Probate Code § 2628 (a)” and blank accounting forms indicating a 60 day return period, shall be mailed by the Court to the conservator’s last known address.

(Eff. 1/01/12)

a. If the Declaration For Waiver Of Accounting is executed, the Court shall prepare, execute, and file a “Decree Terminating Conservatorship Of The Person And Estate, Discharging Conservator And Waiver Of Accounting.”

b. If completed accounting forms are returned and are viewed as satisfactory, the Court shall prepare, execute, and file a “Decree Terminating Conservatorship Of The Person And Estate, Discharging Conservator And Settling The Final Accounting.”

c. If there is no response from the conservator, the Court shall issue and set an Order to Show Cause re Contempt hearing at least 30 days thereafter on a Friday at 11:00 a.m. in the Probate Department and mail same to the conservator.

(2) The following are local forms which may be used as provided above:

a. Order Re: Accounting (Attachment PB- 4051 )

b. Declaration For Waiver Of Accounting Per Probate Code Section 2628 (a)” (Attachment PB- 4048 )

c. Decree Terminating Conservatorship Of The Estate, Discharging Conservator And Waiver/Settling of Account (Attachment PB-4050 )

(Eff. 7/01/11)



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