Conservatorship of Leilani Prado

Case Number

26PR00078

Case Type

Hearing Date / Time

Tue, 03/03/2026 - 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:

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. (Prob. Code, § 1824; Conservatorship of Jones (1986) 188 CA3d 306, 309.) The notice must be personally delivered to the proposed conservatee at least 5 court days before the hearing. A copy of the petition for temporary appointment shall be served with the notice of hearing. [Prob. C. § 2250(e)(2)]

Proof of Service on Relatives.  Notice of the hearing shall be served five days prior to the hearing on the proposed conservatee’s spouse, parents, grandparents, children, grandchildren, and brothers and sisters (named in the Petition for Appointment of Conservator at ¶ 11). [Prob. C. § 2250(e)(2)] The Code does not specify the method of service, but service by mail is presumably sufficient.

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.

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.)

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. C. § 1822(e).)

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].)