Conservatorship of Heather Gatz

Case Number

23PR00161

Case Type

Hearing Date / Time

Thu, 09/28/2023 - 09:00

Nature of Proceedings

Petition: Appoint Conservator of Person

Tentative Ruling

The proposed conservatee is expected to attend the hearing.  (Prob. Code, § 1825.) The deficiencies noted at the prior hearing are still present.  Appearance required.

Supplements/corrections submitted after Monday, September 25, 2023, at 5pm will not be considered for the September 28, 2023, hearing (Local Rule 1721(c)(2)(2)).  If deficiencies cannot be cured by that date, a continuance must be secured pursuant to Local Rule 1722(a)(1). Deficiencies must be corrected, or a continuance secured prior to hearing, or an appearance is required.

The following must be submitted:

Proof of Service re: Citation.  In a conservatorship proceeding, jurisdiction is obtained through service of a citation and a copy of the petition for conservatorship upon the proposed conservatee, 15 days before the hearing. [Prob. Code, § 1824; Conservatorship of Jones (1986) 188 CA3d 306, 309]. There is no proof of service for the citation on file. (Page three of GC-320 must be filled out and filed with pages 1 and 2.)

 

Proof of Service. At least 15 days before the hearing, the Notice of Hearing and a copy of the petition must be mailed to the relatives named in the petition.  The court may not shorten the time for giving notice.  (Prob. Code, §§ 1822; 1821(b) [relatives to be named in petition].) There is no proof of service on file.

Capacity Declaration (Form GC-335). No order adjudging that conservatee lacks capacity to give informed consent to medical treatment may be granted unless supported by a declaration executed by a licensed physician or licensed psychologist supporting the request. [Prob. Code, § 1890(c).]

There is no Capacity Declaration on file.