Conservatorship of Piedad Diaz de Uriarte
Conservatorship of Piedad Diaz de Uriarte
Case Number
23PR00445
Case Type
Hearing Date / Time
Tue, 01/09/2024 - 09:00
Nature of Proceedings
Review Hearing re: Petition for Conservatorship of the Person
Tentative Ruling
Probate Notes:
Appearances required. The following must be addressed at the hearing:
On September 12, 2023, Jesus M. Uriarte filed a petition requesting to be appointed the conservator over the person and estate of Piedad Diaz de Uriarte. That petition received multiple objections, placing the matter at issue and requiring evidentiary hearing to resolve.
After three hearings, none of which appear to have been evidentiary in nature, the Court appointed Jesus M. Uriarte “as Conservator of PERSON ONLY, not the estate, ” and appointed counsel to represent the proposed conservatee. The Court also made an order for appointed counsel to be paid out of the proceeds of the sale of the conservatee’s residence. (Min. Ord. filed, Oct. 31, 2023. The Court appears to have reserved judgment on who to appoint conservator of the estate, and most importantly, did not formally order the sale or distribution of the conservatee’s property.
Despite no one being appointed conservator over the estate, the Court signed a stipulation by all parties to appoint an elisor to sign a listing agreement to retain the services of a real estate agent to sell the conservatee’s home. This is an odd stipulation, since the use of an elisor is only an extreme remedy to be used when a person refuses a court order to convey property or similar such obstruction (Rayan v. Dykeman (1990) 224 Cal.App.3d 1629, 1635), and there is no record of either an order to sell the property, or an refusal to do so causing an obstruction in this case.
Accordingly, the parties should come prepared to address the absolute necessity of appointing a conservator over the estate in order to properly consummate any sale of the conservtee’s residence properly under the Probate Code provisions governing such an action. The Court is advised to make no more orders related to the sale of the conservatee’s residence until a conservatee over the estate is appointed.