Conservatorship of Piedad Diaz de Uriarte

Case Number

23PR00445

Case Type

Hearing Date / Time

Tue, 03/05/2024 - 09:00

Nature of Proceedings

Conservatorship Compliance Hearing

Tentative Ruling

Probate Notes:

Appearances required. The following documents have not been filed with the court pursuant to the Court’s order to file said documents on November 3, 2023:

Notice of Conservatee’s Rights (Form GC-341) (Prob. Code, § 1830(c).)  Form GC-341 must be timely mailed to the conservatee and to the conservatee’s relatives within the second degree (grandparents, parents, siblings, adult children, and adult grandchildren).  No Proof of Service is on file.

Determination of Conservatee's Appropriate Level of Care (Form GC-355) (Prob. Code, § 2352.5.) Conservators must file Form GC-355 showing where the conservatee lives/has been placed, and the level of care necessary to provide for the conservatee’s needs.  No Form GC-355 is on file.

Inventory & Appraisal (Form GC-040) (Prob. Code, § 2610). The conservator must file an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator.

Proof of Service – Notice of How to File Objection to I & A (Form GC-042) (Prob. Code, § 2610) A copy of the Inventory & Appraisal (Form GC-040), along with Notice of How to File Objection to I & A (Form GC-042), must be delivered to the conservatee’s spouse or registered domestic partner, the conservatee’s relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will result in harm to the conservatee.

Proof of Recording Letters of Conservatorship (Prob. Code, § 2313). A conservator of the estate shall record a certified copy of the letters with the county recorder’s office in each county in which the conservatee owns an interest in real property, including a security interest. The conservator shall record the letters as soon as practicable after they are issued, but no later than 90 days after the conservator is appointed.

PLEASE NOTE: Failure to submit the required documents listed in the previous Conservator Compliance Order is a breach of fiduciary duty as a conservator, and can result in removal as conservator and surcharge. (Prob. Code, § 2650(c).)  If you are removed from office, a successor conservator will be appointed and will be entitled to collect fees. The death of the conservatee does not relieve a conservator of the duty to cure the deficiencies from the previous hearings.