Guardianship and the Notice Requirements

At the Law office of David P Schwarz we have filed many petitions for guardianships regarding complicated notice requirements in Orange County Probate Court. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be contacted via email at dpslaw66@gmail.com.

A Guardianship Lawyer under probate code section 1511 will assist a party attempting to correctly serve guardianship documents. The petition for guardianship must be served at least 15 days before the hearing on the petition for the appointment of a guardian.

There must be adequate notice and the time and place of the hearing shall be given. The notice shall be given by attaching a copy of the petition. The court may not shorten the time for giving the notice of hearing.

Notice can be served in the manner provided on all of the following persons, the proposed guardian if they are 12 years of age or older, any person having legal custody of the proposed child, the parents of the proposed child.

A guardianship attorney will make sure that all the necessary people are served with notice of the hearing. Notice shall be given by mail to all addresses stated in the petition. The addresses are the spouse named in the petition and all relatives.

An Orange County Guardianship attorney will guide you through the process in probate court and determine if notice is not necessary. Often notice is not necessary if the Court finds that, the party cannot with reasonable diligence be given the notice and the giving of the notice would be contrary to the interest of justice.

Under California Rules of Court 7.52 the Law Office of David P Schwarz will assist you when a party’s address is unknown and service is required.

The Court will order the party to do a Declaration of diligent search.

Petitioner must file a declaration describing efforts made to locate a person entitled to notice whose address is unknown, before the court will prescribe an alternate form of notice or dispense with notice.

The declaration must state the name of the person whose address is unknown, the last known address of the person, the approximate date when the person was last known to reside there, the efforts made to locate the person, and any facts that explain why the person's address cannot be obtained.

The declaration must include a description of the attempts to learn of the person's business and residence addresses.

A party must Inquire of the relatives, friends, acquaintances, and employers of the person entitled to notice and of the person who is the subject of the proceeding.

In addition, the party must review city telephone directories and directory assistance and search the real and personal property indexes in the recorder's and assessor's offices for the county where the person was last known or believed to reside.

Ultimately if the party cannot locate the party who is required to be noticed the court can dispense with notice.

At the Law office of David P Schwarz we can get you through the difficult time attempting to give notice for a guardianship in Orange County. Please contact our office at 949 735 9266 or via the web. We can also be reached via email at dpslaw66@gmail.com.