Conservatorship of Joel Ibarra

Case Number

24PR00531

Case Type

Hearing Date / Time

Mon, 01/13/2025 - 08:30

Nature of Proceedings

Petition: Appoint Conservator of Person

Tentative Ruling

Probate Notes:

Appearances required. The following must be submitted:

Proof of Service of Amended Petition on Relatives of Proposed Conservatee.  There is no Proof of Service on any relative of the conservatee of the Amended petition.  “An amended pleading or an amendment to a pleading requires the same notice of hearing (including publication) as the pleading it amends.” (CRC, Rule 7.53(a).)  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: 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.

The proposed conservatee is 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