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Tentative Ruling: Conservatorship of Linda Ann Morrow

Case Number

25PR00298

Case Type

Conservatorship

Hearing Date / Time

Mon, 06/23/2025 - 08:30

Nature of Proceedings

Petition for Appointment of Temporary Probate Conservator

Tentative Ruling

Appearances required.

The following procedural defect must be rectified before the petition may move forward:

 

Proof of Service of Timely Mailed Notice.  Petition states at paragraph 11b that conseravtee’s deemed relatives are listed, but then lists no relatives.  Notice of the hearing shall be served five days prior to the hearing on the proposed conservatee’s spouse, parents, grandparents, children, grandchildren, and brothers and sisters (named in the Petition for Appointment of Conservator at ¶ 11). (Prob. C. § 2250(e)(2).) The Code does not specify the method of service, but service by mail is presumably sufficient.

The proposed temporary conservatee is expected to attend the hearing. (Prob. Code, § 2250.4.)

The following defect in the merits is noted for the court and warrants denial:

No Capacity Declaration.  The petition requests broad powers with very little support of that request.  The breadth of the financial powers requested can only be justified by a showing that the conservatee lacks capacity to a point that she cannot even pay her own bills or obtain the help she needs to do so. A Capacity Declaration (GC-335) is the only way to support such a broad request. The petition, without that declaration, is not supported by sufficient evidence to warrant any power requested.

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