Conservatorship of James Edward Gernert

Case Number

25PR00363

Case Type

Hearing Date / Time

Tue, 12/02/2025 - 09:00

Nature of Proceedings

Petition for Substituted Judgment

Tentative Ruling

Probate Notes:

Appearances required.

Because the Conservatee is now deceased, the Petition is recommended for denial.

Substituted Judgment is only available during the life of the conservatee.  While no California authority directly prohibits substituted judgment after the death of the conservatee, the language in the statutes governing substituted judgment, and the absence of any California case confirming an order granting substituted judgment after the death of a conservatee, both strongly support the position that the procedure of substituted judgment is not available after a conservatee’s death.

The Probate Code plainly states that the death of a conservatee terminates the conservatorship over the person (Prob. Code, § 1860, subd. (a)), and limits a court’s authority to make orders over the estate after the death of the conservatee to those necessary to pay final debts, settle final accounts, enforce judgments related to the final accounts, and deliver the remainder of the estate to the personal representative of the conservatee’s estate (Prob. Code, §§ 2620(b); 2630; 2467; CRC, Rule 7.1052(c); Conservatorship of O'Connor (1996) 48 Cal.App.4th 1076, 1089). 

This jurisdiction does not extend to substituting judgment for the conservatee after their death, as the substituted judgment provisions are specifically designed to act in the conservatee's best interests during their lifetime.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334