Conservatorship of Johanna Lizbeth Martinez Morales
Conservatorship of Johanna Lizbeth Martinez Morales
Case Number
23PR00309
Case Type
Hearing Date / Time
Tue, 04/23/2024 - 09:00
Nature of Proceedings
Petition to Appoint Limited Conservator of the Person
Tentative Ruling
Probate Notes:
Appearances required. The following defects must be corrected before the hearing:
Capacity Declaration (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).) The Petition alleges that proposed conservatee lacks capacity to consent to medical treatment.
HOWEVER, the Capacity Declaration was not completed by a licensed physician, or a licensed psychologist with at least two years’ experience diagnosing and treating neurocognitive disorders. A Nurse Practitioner is not a “licensed physician” as defined by the Probate Code. 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 . . . .”
The proposed conservatee has been excused from further attendance at the hearing.