For a number of years in San Mateo, temporary guardianships and temporary conservatorships have been primarily heard on the ex parte calendar.

However, given the recent clear intention of the legislation to ensure that conservatorships are not unnecessarily granted, the Court has been reevaluating this practice.

In order to be in line with the intention of the legislature and Probate Code 2250-2258, please take note of the following changes in the practices of the Probate Court.

Temporary Guardianships
Requests for temporary guardianships should be filed with the court and then served upon the relevant parties at least 5 days prior to the hearing on the temporary guardianship. Parties should request a hearing date which will allow appropriate service. Temporary guardianship granted at a noticed hearing will not need to be set for a 30 day review.

Temporary Conservatorships
Requests for temporary conservatorships should be filed with the court and then served upon the relevant parties at least 5 days prior to the hearing on the temporary conservatorship. Parties should request a hearing date which will allow appropriate service.

Ex Parte Guardianships and Conservatorships The Court will be strictly interpreting ex parte criteria for temporary guardianship and conservatorships. Counsel is advised to ensure that all ex parte requirements are met prior to filing an ex parte request for a temporary guardianship or conservatorship. In compliance with the Probate Code and California Code of Civil Procedure, any request which the court feels may be appropriately heard at a 5-day noticed hearing will be denied if presented as an ex parte.

These changes will be effective December 12, 2022.

The Probate Court Investigator's office remains closed to the public. Please provide your documents relevant to Petition for Appointment of Temporary Conservator/Guardian only in advance by emailing PCI@sanmateocourt.org. Any lodgings can be emailed to this email address or directly to your assigned investigator.

For other Ex Parte matters, please use probate@sanmateocourt.org.