Conservatorship of Linda Ann Morrow
Conservatorship of Linda Ann Morrow
Case Number
25PR00298
Case Type
Hearing Date / Time
Mon, 06/16/2025 - 08:30
Nature of Proceedings
Petition for Appointment of Temporary Probate Conservator
Tentative Ruling
Appearances required.
The following procedural defects must be rectified before the petition may be heard:
Proof of Personal Service of Citation. In a conservatorship proceeding, jurisdiction is obtained through personal service of a citation and a copy of the petition for conservatorship upon the proposed conservatee. The notice must be personally delivered to the proposed conservatee at least 5 court days before the hearing. A copy of the petition for temporary appointment shall be served with the notice of hearing. (Prob. Code, § 2250(e)(2).) There is no Proof of Service of the citation on file.
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.