Conservatorship of Sarah D Pena

Case Number

24PR00141

Case Type

Hearing Date / Time

Thu, 05/16/2024 - 09:00

Nature of Proceedings

Petition: Appoint Conservator of Person Limited Conservator of the Person

Tentative Ruling

UPDATED 5/14/24: Citation and Proof of Service was filed on 5/6/24 and appears adequate.

Proof of Service to Tri Counties Regional Center was filed however, service was mailed on 5/7/24 which is less than the required notice period of 30 days prior to the hearing.

Appearances are required.

Previous notes:

Please file an Amended Petition that corrects the following deficiencies:

The Petition is for the Limited Conservatorship of the Person however, certain areas are marked that would only apply to a Conservatorship of the Estate. 5(c)(2) is completed which would only apply to a Conservatorship of the Estate. Is this Petition intended to be for both Person and Estate? Please clarify by submitting an Amended Petition.

Attachments 1H and 1J each list 8 powers to be limited. Probate Code § 2351.5 allows for the limitation of 7 powers. Please modify attachments 1H and 1J to conform to code.

Notice of Hearing must be sent to Tri Counties Regional Center. If 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).)

A Capacity Declaration was filed but is not completed correctly. Box C for Major Neurocognitive disorder was checked which is not requested by the Petition with box 1(k).