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Please see DMV warning about fraudulent texts: https://www.dmv.ca.gov/portal/news-and-media/dmv-warns-of-fraudulent-te…

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Conservatorship of Eleni Thompson

Case Number

25PR00037

Case Type

Conservatorship

Hearing Date / Time

Wed, 02/26/2025 - 08:30

Nature of Proceedings

Petition to Accept Transfer of Conservatorship to California

Tentative Ruling

Probate Notes:

Appearances required.

The petition is lacking several necessary documents from the case in Washington State, and necessary allegations to determine jurisdiction and the merits. The following defects are noted for the Court at the hearing:

Conservatorship Appears Improper.  Probate Code section 2002 contains pleading requirements that mandate allegations in the petition to contain facts showing the proposed conservatorship is not disqualified under the provisions of Probate Code section 1981:

(a)(1) To confirm transfer of a conservatorship transferred to this state under provisions similar to Section 2001, the conservator shall petition the court in this state to accept the conservatorship.

(2) The petition shall include a certified copy of the other state’s provisional order of transfer.

(3) On the first page of the petition, the petitioner shall state that the conservatorship does not fall within the limitations of Section 1981. The body of the petition shall allege facts showing that this chapter applies and the requirements for transfer of the conservatorship are satisfied.

(4) The petition shall specify any modifications necessary to conform the conservatorship to the law of this state, and the terms of a proposed final order accepting the conservatorship.

(5) A petition for the appointment of a temporary conservator under Section 1994 and Chapter 3 (commencing with Section 2250) of Part 4 may be filed while a petition under this section is pending. The petition for the appointment of a temporary conservator shall request the appointment of a temporary conservator eligible for appointment in this state, and shall be limited to powers authorized for a temporary conservator in this state. For purposes of Chapter 3 (commencing with Section 2250) of Part 4, the court shall treat a petition under this section as the equivalent of a petition for a general conservatorship.

 (Prob. Code, §2002.)

One of the limitations outlined in Probate Code section 1981 is a limited conservatorship for a person with a developmental disability:

(c) Article 3 (commencing with Section 2001) does not apply to an adult with a developmental disability, or to any proceeding in which a person is appointed to provide personal care or property administration for an adult with a developmental disability, including, but not limited to, the following types of proceedings:

…

(2) A limited conservatorship under subdivision (d) of Section 1801.

…

(Prob. Code, §1981.)

The petition left blank the REQUIRED allegation at paragraph 3 of the petition.  Petitioner must supplement the petition by providing allegations showing facts that the proposed conservatee is not an adult with a developmental disability.  The body of the petition must allege facts showing that the California Conservatorship Jurisdiction Act applies, and its transfer requirements have been satisfied. (Prob. Code, §2002(a)(3).) The petition must specify any modifications necessary to conform the conservatorship to the law of California, and provide the terms of a proposed final order accepting the conservatorship. (Prob. Code, §2002(a)(4).)

Washington Orders.  Petitioner must submit via supplement the orders from the Washington Court granting the conservatorship in that state.  This allows the Court to evaluate whether this petition should be granted, whether the Court should decline to exercise jurisdiction, or whether a petition to establish a conservatorship is more appropriate.  The Court has discretion to make these orders pursuant to Probate Code sections 1996(a) and 2002(f).

Required Documents. The following must be submitted in order to establish a conservatorship in his state:

  • Confidential Supplemental Information (GC-312) (CRC 7.1050(a), (c).)
  • Capacity Declaration (GC-335) or Petition for Exclusive Authority to Give Consent for Medical Treatment (GC-380)
  • Confidential Conservator Screening Form (GC-314) (CRC 7.1050(a)–(c).)
  • Duties of Conservator and Acknowledgment of Receipt of Handbook (GC-348) (CRC 7.1051.)

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: 161 956 1423

Passcode: 137305

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