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ATTENTION:

Effective March 2, 2026, the Superior Court of Santa Barbara welcomed Angela Braun as the new Court Executive Officer. Local forms have been updated to reflect this change. Please use the latest versions available on our website. Prior versions will continue to be accepted during this transition period.

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Tentative Ruling: Conservatorship of Roberto Ramirez

Case Number

25PR00385

Case Type

Conservatorship

Hearing Date / Time

Tue, 12/02/2025 - 09:00

Nature of Proceedings

Petition to Appoint Limited Conservator

Tentative Ruling

Probate Notes:

Appearances required. The following defects must be corrected before the hearing:

Confidential Declaration on Medical Ability to Attend Hearing (GC-325) – As of January 1, 2025, the ability of the proposed conservatee to attend the hearing will be determined on evidence submitted on Judicial Counsel form GC-325.  This form was adopted for mandatory use as of January 1, 2025.  This form must be filed, or the proposed conservatee will be expected to attend the hearing.

Properly Executed Capacity Declaration.  No order adjudging that conservatee lacks capacity to give informed consent to medical treatment may be granted unless supported by a declaration executed by a licensed physician or licensed psychologist supporting the request. (Prob. Code, § 1890(c).)  The Court does not read the terms “Physician” or “Psychologist” so broad as to include Nurse Practitioners or Physician’s Assistants, thus cannot hold either can properly execute the Capacity Declaration without a licensed Physician or Psychologist’s accompanying signature.

 

Petitioner must present Judicial Council form GC-335 to a licensed California Physician or Psychologist for signature, and file the completed form with the court.

The proposed conservatee is expected to attend the hearing, unless a Confidential Declaration on Medical Ability to Attend Hearing (GC-325) is filed and shows an medical inability to attend.  (Prob. Code, § 1825.) (Prob. Code, § 1825(a)(2)[medical inability].)

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

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