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Tentative Ruling: Conservatorship of Christopher Allan Rocco

Case Number

26PR00050

Case Type

Conservatorship

Hearing Date / Time

Mon, 03/30/2026 - 20:30

Nature of Proceedings

Petition for Conservatorship of the Person and Estate

Tentative Ruling

Probate Notes:

Appearances required. The following must be submitted:

Proof of Publication of Summons. Proposed Conservatee is a missing person, thus Probate Code section 1848 applies, and that section negates the requirement of citation or service of a citation. 

However, to meet service requirements normally met via citation, Petitioner must mail a copy of the petition to the last known address of the conservatee, along with a notice of hearing, and publish time and place of the hearing pursuant to Government Code section 6061, “in a newspaper of general circulation in the county in which the proposed conservatee was last known to reside if the proposed conservatee’s last known address is in this state.” (Prob. Code, § 1847(a) and (b).)

In this case, Petitioner published notice in compliance with section 1847, in the proper paper.  Accordingly, the Court should find notice was given as required by law.

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.

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].)

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