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Conservatorship of Lorenza H Hernandez

Case Number

23PR00348

Case Type

Conservatorship - Person and Estate

Hearing Date / Time

Mon, 09/11/2023 - 08:30

Nature of Proceedings

Petition to Appoint Conservator of Person & Estate

Tentative Ruling

Probate Notes:

Appearances required. The following defects must be corrected before the hearing:

Proof of Personal Service of Summons. In a conservatorship proceeding, jurisdiction is obtained through personal 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.)

*Proposed Order Appointing Conservator (GC-340).  “Proposed orders or judgments shall be submitted on or before noon at least five court days prior to the hearing. Failure to submit a timely proposed order may delay the hearing or entry of the order.”  (Local Rule 1724.)

*Proposed Letters of Conservatorship (GC-350).  “Proposed orders or judgments shall be submitted on or before noon at least five court days prior to the hearing. Failure to submit a timely proposed order may delay the hearing or entry of the order.”  (Local Rule 1724.)

*The proposed order is not on file, and the proposed letters do not match the relief requested in the petition.

The following is also noted for the Court:

Requested Financial and Independent Powers Are Too Broad.  Petitioner asks for Independent Powers (Prob. Code, §2590) and very broad financial powers, including the authority to sell the proposed conservatee’s residence per Probate Code section 2352.5.  These powers are too broad to grant judging from the allegations in the petition, and likely should be denied due to the fact that the proposed conservatee is married and her spouse is not alleged to lack capacity.

The proposed conservatee is not expected to attend the hearing.  (Prob. Code, § 1825(a)(2)[medical inability].)

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