Conservatorship of Joel M. Helland

Case Number

26PR00016

Case Type

Hearing Date / Time

Mon, 03/09/2026 - 08:30

Nature of Proceedings

Petition for Conservatorship of the Person & Estate

Tentative Ruling

Probate Notes:

Appearances required. The following must be submitted:

Supplement re: Estate Value.  According to the allegations in the petition, it does not appear the circumstances alleged will support a finding that a conservatorship over the estate is the “least restrictive alternative available to protect the interests of the conservatee.”  Please submit supplement explaining what is known about the property in the estate, whether a trust exists, and whether the proposed conservator is capable of becoming the representative payee for the proposed conservatee’s public benefits.

Citation not issued/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, 15 days before the hearing. (Prob. Code, § 1824; Conservatorship of Jones (1986) 188 CA3d 306, 309.)

Not only is there no Proof of Service of the Citation on file, no Citation has even been issued.  Thus, this court cannot take jurisdiction over the proposed conservatee by the date of the hearing, requiring a continuance.

Proof of Service on Relatives of Proposed Conservatee.  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 and copy of the petition to the (1) spouse, if any, or registered domestic partner, if any, of the proposed conservatee, and (2) relatives named in the petition at their addresses stated in the petition. (Prob. Code, §1822.)

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.

Capacity Declaration (GC-335) – 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).)

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.

Proposed Order Appointing Conservator (GC-340).  “Proposed orders or judgments shall be submitted on or before noon at least five court days prior to the hearing. Failure to submit a timely proposed order may delay the hearing or entry of the order.”  (Local Rule 1724.)

Proposed Letters of Conservatorship (GC-350).  “Proposed orders or judgments shall be submitted on or before noon at least five court days prior to the hearing. Failure to submit a timely proposed order may delay the hearing or entry of the order.”  (Local Rule 1724.)

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].)