Conservatorship of Charles E. Yarnell
Conservatorship of Charles E. Yarnell
Case Number
24PR00002
Case Type
Hearing Date / Time
Wed, 01/17/2024 - 08:30
Nature of Proceedings
Petition for Temporary Conservatorship
Tentative Ruling
Probate Notes:
Appearances required. The following defects are noted for the court:
No PPF Fee Declaration. If the petitioner is a registered private professional fiduciary, the following must be submitted:
- Proposed hourly fee schedule or another statement of compensation.
- A statement of proposed conservator’s license and registration information (may be attached to petition for general conservatorship)
- A statement explaining how petitioner was engaged.
(See Prob. Code, § 2250, subd. (c).)
No Notice (Relatives). There is no proof of service showing notice to anyone is on file. The petition does not list relatives of the proposed conservatee, nor include any reason why none are listed. Very few persons in the state has no second degree relatives alive. Please submit supplement as to what efforts have been made to find the proposed conservatee’s relatives to the second degree.
No Proof of Service of Citation. The notice must be personally delivered to the proposed conservatee at least 5 court days before the hearing. A copy of the petition for temporary appointment shall be served with the notice of hearing. (Prob. Code § 2250(e)(2).)
No Notice to Public Guardian. If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee (usually private professionals) and has not been nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice of hearing shall be served on the public guardian of the county in which the petition is filed. (Prob. Code § 2250(e)(2).) No proof of service on PG is on file.
No Exigency. The must be good cause to grant a temporary conservatorship. Good cause is usually defined as “exigent circumstances” that show a compelling need to protect the conservatee from harm so that a grant of limited powers until the hearing on the general conservatorship is necessary. There on no facts on file showing this standard would be met.
No Declaration of Conservatee Preference. If the petition is filed by a party other than the proposed conservatee, the petition shall include a declaration of due diligence showing either the preferences of the proposed conservatee concerning the appointment of a temporary conservator and the appointment of the proposed temporary conservator or why it was not feasible to ascertain those preferences. (Prob. Code § 2250(d)(2).)
The proposed temporary conservatee is expected to attend the hearing. (Prob. Code § 2250.4.)