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Tentative Ruling: Conservatorship of Velouria Byers

Case Number

25PR00644

Case Type

Conservatorship

Hearing Date / Time

Mon, 04/13/2026 - 08:30

Nature of Proceedings

Petition to Appoint Limited Conservator

Tentative Ruling

Probate Notes:

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

Proof of Personal Service of Summons. 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, 15 days before the hearing. (Prob. Code, § 1824; Conservatorship of Jones (1986) 188 CA3d 306, 309.) 

The Proof of Service on file shows service on the conservatee was not only on March 31, 2026, but proof of service was not on the mandatory Judicial Council Form (GC-320), nor was given to the proposed conservatee.  Delivery of the Citation must be to the person cited, not a caregiver. (Prob. Code, §1215.)

Supplement and Proof of Service on Relatives of Proposed Conservatee.  Petition was Amended to add relatives listed in the petition at paragraph 11a.  Proofs of Service were filed on February 25, and April 1, 2026, but do not show that the Amended petition was served.

At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given by timely mailing service of the Notice of Hearing on the mandatory Judicial Council form, and copy of the petition to the (1) spouse, if any, or registered domestic partner, if any, of the proposed conservatee, and (2) relatives to the second degree in the petition at their addresses stated in the petition. (Prob. Code, §1822.)

Proof of Service must show service of amended petition. (CRC, Rule 7.53.)

The proposed conservatee is not expected to attend the hearing.  (Prob. Code, § 1825.) (Prob. Code, § 1825(a)(2)[medical inability].)

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