Conservatorship of Matthew Alfaro

Case Number

24PR00361

Case Type

Hearing Date / Time

Mon, 12/02/2024 - 08:30

Nature of Proceedings

Petition: Appoint Conservator of Person

Tentative Ruling

Probate Notes:

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

Capacity Declaration (GC-335) – The Capacity Declaration submitted on September 20, 2024, contains markings at paragraph 7 that create an ambiguity as to the opinion of the physician on whether the proposed conservatee lacks the capacity to give informed consent to medical treatment.

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).)

Thus, Petitioner must submit a Capacity Declaration that does not contain ambiguity at paragraph 7, or it will be recommended that the conservator not be granted the powers to made decisions on the proposed conservatee’s medical care.

The proposed conservatee is currently expected to attend the hearing.  (Prob. Code, § 1825.)

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