Conservatorship of Joel Ibarra

Case Number

24PR00531

Case Type

Hearing Date / Time

Mon, 11/04/2024 - 08:30

Nature of Proceedings

Petition for Conservatorship of the Person and Estate

Tentative Ruling

Probate Notes:

Appearances required. The following must be submitted:

Proof of Service on Relatives of Proposed Conservatee.  There is no Proof of Service on any relative of the conservatee.  At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given by timely mailing service of the notice and copy of the petition to the (1) spouse, if any, or registered domestic partner, if any, of the proposed conservatee, and (2) relatives named in the petition at their addresses stated in the petition. (Prob. Code, §1822.)

Supplement re: Bond.  Petitioners requested that bond not be required at paragraph 1c of the petition, but did not complete the allegation, and did not give reasons why bond should be waived in an attachment at 1c.  Supplement is required, which includes allegations that outline why bond should not be required.

Supplement re: Limited Conservatorship.  Petitioners allege at paragraph 5f of the petition that the proposed conservatee has a developmental disability. This entails an inquiry into whether the proposed conservatee lacks the capacity to perform some or all of the tasks necessary to provide properly for the proposed conservatee’s own personal needs for physical health, food, clothing, or shelter, or to manage his or her own financial resources. (Prob. Code, § 1828.5, subd. (c), (d).) Supplement is required explaining why a Limited Conservatorship should not be considered the least restrictive means of protecting the proposed conservatee.

Capacity Declaration (GC-335) – Capacity Declaration does not support allegation that proposed conservatee lacks capacity to make medical decisions. 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).)

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