Tentative Ruling: 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.