Conservatorship of Tamara Apodaca

Case Number

23PR00232

Case Type

Hearing Date / Time

Tue, 10/03/2023 - 09:00

Nature of Proceedings

Petition: Appoint Conservator of Person

Tentative Ruling

Probate Notes:

Appearances required. The following defects must be corrected:

Properly Executed Capacity Declaration.  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).)  Probate Code section 1890(c) states that the petition requesting medical powers cannot be granted “. . . unless supported by a declaration, filed at or before the hearing on the request, executed by a licensed physician, or a licensed psychologist within the scope of his or her licensure . . . .”  A nurse practitioner is not currently encompassed withing the term “licensed physician,” thus cannot properly execute the Capacity Declaration.

  Petitioner must present Judicial Council form GC-335 to a licensed California Physician and file the completed form with the court.

Proposed Letters of Conservatorship (GC-350).  The proposed letters are not executed by the proposed conservator.  Proposed Conservator must submit executed letters or be prepared to execute the letters at the hearing. (Local Rule 1724.)

The proposed conservatee is expected to attend the hearing, unless a timely filed Capacity Declaration excuses the proposed conservatee’s attendance.  (Prob. Code, § 1825.)

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334