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Tentative Ruling
Judge Timothy Staffel
Department 1 SM-Cook
312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369

PROBATE

Conservatorship of Gail Shively

Case No: 1459769
Hearing Date: Wed Aug 06, 2014 8:30

Nature of Proceedings: Petition for Appointment of Conservator of the Person

Appearance required unless a dismissal is submitted prior to the hearing.

  1. The present record does not support a finding that the proposed conservatee lacks the capacity to consent to any form of medical treatment. In order to make such a finding, the order must be supported by a declaration from a qualified professional stating that the proposed conservatee “lacks the capacity to give an informed consent for any form of medical treatment.” (Prob. Code, § 1890, subd. (c); see also Prob. Code, § 1881, subd. (b)(1)--court must determine that, “for all medical treatments, the conservatee is unable to understand at least one of the following items of minimum basic medical treatment information.”) The Capacity Declaration executed by Dr. Lawrence Levy opines that the proposed conservatee does have capacity. The Capacity Declaration executed by Leslie Bolin, PhD, is internally inconsistent, opining on the form itself that the proposed conservatee does not have capacity but expressly opining in her written report: “I do not believe she lacks capacity to give consent to all medical treatment.” (Emphasis added.) It is recommended that the request for a finding that the proposed conservatee lacks capacity to consent to any form of medical treatment be denied. If a conservatorship is established, the proposed conservators will have the authority to consent to medical treatment only as outlined in Probate Code section 2354.
  2. Proposed Hourly Fee Schedule: If the proposed conservator is a registered private professional fiduciary, a proposed hourly fee schedule or another statement of compensation must be submitted. (Prob. Code, § 1821, subd. (c).)
  3. Overlap of services: Discuss the court’s concern regarding services already provided by the DSS and Telecare. Ascertain what, if anything the proposed conservator intends to contribute to the proposed conservatee’s tasks of daily living, and discuss whether these services will overlap with those already provided.
  4. Fees: Indicate that if the petition results in appointment, expects that the conservators will obtain an order from the court prior to receiving payment from any source pursuant to Probate Code section 2641 subdivision (a).
  5. If granted, the court should deny the request to suspend the proposed conservatee’s voting privilege since the CI found that she was able to complete an affidavit of voter registration.