Conservatorship of Bobbie Lucille Price

Case Number

24PR00108

Case Type

Hearing Date / Time

Tue, 05/07/2024 - 08:30

Nature of Proceedings

Petition for Conservatorship of the Person

Tentative Ruling

Probate Notes:

Appearances required.

The following defect is noted for the Court and should be corrected, if major neurocognitive disorder powers are desired:

Capacity Declaration (GC-335) – No order adjudging that conservatee lacks capacity to give informed consent to medical treatment may be granted unless supported by a declaration executed by a licensed physician or licensed psychologist supporting the request. (Prob. Code, § 1890(c).) 

A petition for authority to obtain major neurocognitive disorder powers must be supported by a declaration of a licensed physician or psychologist regarding each of the findings made. (Prob. Code, § 2356(f)(3).)  The Capacity Declaration on file does not opine that the proposed conservatee lacks capacity to make the decisions related to these powers. If petitioner desires for those powers to be granted, the Attachment to the Capacity Declaration re: major neurocognitive disorder powers must be filled out properly by the evaluating physician.

The proposed conservatee is excused from attendance at the hearing.