Petition for health care decision for adult without conservator (3200 et seq.): personally serve patient, attorney and health care agent; deliver to spouse and relatives at least 15 days before hearing

15 days before hearing date on the 3200 et seq. petition, under Cal. Prob. Code 3206(a)-(b).

Rule text

(a) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patient's attorney, and the agent under the patient's power of attorney for health care, if any. (b) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons: (1) The patient's spouse, if any, at the address stated in the petition. (2) The patient's relatives named in the petition at their addresses stated in the petition.

Cal. Prob. Code 3206(a)-(b), official source

Calculate this deadline

Deadline
Thursday, October 22, 2026
  1. Trigger (Hearing date on the 3200 et seq. petition): Friday, November 6, 2026.
  2. Count back 15 calendar days: Thursday, October 22, 2026.
Rules applied
Cal. Prob. Code 3206(a)-(b)
(a) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patient's attorney, and the agent under the patient's power of attorney for health care, if any. (b) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons: (1) The patient's spouse, if any, at the address stated in the petition. (2) The patient's relatives named in the petition at their addresses stated in the petition.
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
  • Court may shorten or waive for good cause based on medical facts (3206(c)). Amended by Stats. 2017, ch. 319.
  • 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

Hearing date on the 3200 et seq. petition on Monday, March 15, 2027, personal service: due Friday, February 26, 2027.

  1. Trigger (Hearing date on the 3200 et seq. petition): Monday, March 15, 2027.
  2. Count back 15 calendar days: Sunday, February 28, 2027.
  3. That day is a Sunday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, February 26, 2027 (see Cal. Code Civ. Proc. 12c).

Notes

Court may shorten or waive for good cause based on medical facts (3206(c)). Amended by Stats. 2017, ch. 319.

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.