Conservatorship of Lorenza H Hernandez

Case Number

23PR00348

Case Type

Hearing Date / Time

Mon, 10/23/2023 - 08:30

Nature of Proceedings

Petition: Appoint Conservator - Person and Estate

Tentative Ruling

Probate Notes:

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

 

Amended Petition.  The proposed order and letters contain requests to award major neurocognitive powers that were not properly requested in the petition.  In order to make a proper request for Major Neurocognitive Disorder Powers pursuant to Probate Code section 2356.5, form GC-313 must be attached to the petition.  (See Pet. at ¶1k [“A Capacity Declaration –Conservatorship (Form GC-335) and Major Neurocognitive Disorder Attachment to Capacity Declaration-Conservatorship (form GC-335A), executed by a licensed physician or by a licensed psychologist acting within the scope of his or her license with at least two years experience diagnosing major neurocognitive disorders (including dementia), [ ] are filed herewith [ ] will be filed before the hearing.”].)

The GC-313 was not attached nor later submitted.

 

Request to Dispense with Accountings is Improper.  Petitioner appears to have deleted the request for independent powers, but added a proposed order to dispense with accountings as long as the conservatee’s spouse is managing the community property assets. The court cannot grant that request, because the duty to account does not run to community property assets managed by a spouse who does not lack capacity.  In essence, these assets are not considered part of the conservatorship estate.  (Prob. Code, §3051(b)(2).)

 

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

Appearances:

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

Meeting ID: 161 797 5412

Passcode: 8749009