Conservatorship of Velouria Byers

Case Number

25PR00644

Case Type

Hearing Date / Time

Mon, 02/23/2026 - 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.) 

There only Proof of Service on file is not only on the incorrect mandatory Judicial Council Form (GC-320), but shows service by mail, not in person.  It is now too late to serve the proposed conservatee before the hearing, and the matter must be continued.

Supplement and Proof of Service on Relatives of Proposed Conservatee.  There are no relatives listed in the petition at paragraph 11a.  Relatives to the second degree must be listed and served. A proof of service filed on February 18, 2026, was not on the mandated Judicial Council form (GC-020) to give Notice of Hearing of a conservatorship proceeding, so does not contain the proper language required by statute to give notice of hearing.

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 Timely Mailed Service on Regional Center.  When the proposed conservatee is a person with developmental disabilities, at least 30 days before the day of the hearing on the petition, the petitioner shall mail a notice of hearing and a copy of the petition to the appropriate regional center (in this geographical area, the regional center is Tri-Counties). (Prob. Code, § 1822(e).)

Please note:  The Regional Center report submitted as an attachment to the petition is not the official Regional Center Report that must be submitted to the court directly by the Regional Center.

Regional Center Report.  When the proposed conservatee is a person with developmental disabilities, a report from the appropriate regional center is required (in this geographical area, the regional center is Tri-Counties). (Prob. C. § 1827.5.)

Please note:  The Regional Center report submitted as an attachment to the petition is not the official Regional Center Report that must be submitted to the court directly by the Regional Center.

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