Dementia placement / medication powers (2356.5): conservatee's attorney files petition or report within 30 days after receiving investigator report

30 days after date the conservatee's attorney received the court investigator's report under 2356.5(g), under Cal. Prob. Code 2356.5(g).

Rule text

If the conservatee objects to the conservator's powers granted under this section, or the investigator determines that some change in the powers granted under this section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If an attorney has not been appointed for the conservatee, one shall be appointed pursuant to Chapter 4 (commencing with Section 1470) of Part 1. The attorney shall, within 30 days after receiving this report, do either of the following: (1) File a petition with the court regarding the status of the conservatee. (2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate.

Cal. Prob. Code 2356.5(g), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the conservatee's attorney received the court investigator's report under 2356.5(g)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10, 17(b)(4), applied to probate proceedings by Prob. Code 1000; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Prob. Code 2356.5(g)
If the conservatee objects to the conservator's powers granted under this section, or the investigator determines that some change in the powers granted under this section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If an attorney has not been appointed for the conservatee, one shall be appointed pursuant to Chapter 4 (commencing with Section 1470) of Part 1. The attorney shall, within 30 days after receiving this report, do either of the following: (1) File a petition with the court regarding the status of the conservatee. (2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10, 17(b)(4), applied to probate proceedings by Prob. Code 1000; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CCP 17(b)(4): "“Month” means a calendar month, unless otherwise expressed." Prob. Code 1000(a): "Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code."
Official source
  • Triggered only when the conservatee objects or the investigator recommends a change. Annual investigation under 1850/1851 applies while 2356.5 powers are in effect.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the conservatee's attorney received the court investigator's report under 2356.5(g) on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the conservatee's attorney received the court investigator's report under 2356.5(g)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Triggered only when the conservatee objects or the investigator recommends a change. Annual investigation under 1850/1851 applies while 2356.5 powers are in effect.

Related deadlines

All California probate deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.