Conservatorship of Joanetta Hanson
Conservatorship of Joanetta Hanson
Case Number
21PR00490
Case Type
Hearing Date / Time
Mon, 11/13/2023 - 08:30
Nature of Proceedings
First Accounting and Report
Tentative Ruling
Probate Notes:
Appearances required. The following is noted for the Court:
Status Report Unverified. Report must be verified by Petitioner (Prob. Code, § 1021(a)(1)) and signed by attorney (CCP, § 128.7). The report on file is unverified by the Conservator. It is recommended the Court strike this filing on its own motion for failure to be filed in accordance with state law. (CCP, § 436(b).)
Issues With Status Report. The Status Report filed by the Conservator on October 27, 2023 may not contain sufficient information to constitute good cause as to delay of the accounting. The Court needs more facts to understand why discovery of the title holder to the Puerto Rico property has not yet occurred. Since failure to file a timely accounting is grounds for sanctions and/or surcharge of any requested fees to the conservator in that accounting (Prob. Code, 2620.2(a), (c), and (d)), the Court should inquire further into this circumstance.
Further problematic is Conservator’s acknowledgment of plans for an in-person visit to the Puerto Rico property that is in dispute as to ownership by the Conservatee’s estate. There appears to be no reason for such trip, other than an inappropriate expenditure of the estate funds to poorly justify a leisure trip to Puerto Rico for the Conservator. It is recommended the Court order that no conservatorship funds be expended to pay for the trip, and that no estate funds will be used to reimburse the Conservator for the trip, or time spent on the trip doing anything more than the time it would take to investigate the situation remotely with the use of local counsel.
As the Court’s representative, the Court Investigator is required to visit the conservatee to make advisements and determine ongoing need in accordance with Probate Code section 1851. The Court Investigator must be served with a copy of the accounting. In Santa Maria, it should be sent to 312-C E. Cook Street, Santa Maria, CA 93454. In Santa Barbara, it should be sent to 118 E. Figueroa, Santa Barbara, CA 93101.