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Tentative Ruling
Judge James F. Rigali
Department 2 SM-Cook
312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369


Conservatorship of Harleyetta Cunningham Duke

Case No: 17PR00526
Hearing Date: Tue Dec 12, 2017 8:30

Nature of Proceedings: Petition for Appointment of Temporary Probate Conservator

The proposed temporary conservatee is not expected to attend the hearing. (Prob. Code § 2250.4; see Capacity Declaration.)


The following must be submitted:

(1) proof of timely service of the Notice of Hearing and a copy of the petition on all those entitled to notice (Jean St. Julien, Monica Duke, Angele Duke). (Prob. Code, § 2250);  

(2) supplement to petition with affirmative response to paragraph 8(c). Petitioner is not the proposed conservatee. Response must be provided. (Prob. Code, § 2250(d)(2)).


It is recommended that the court ascertain on the record good cause supporting the request for this temporary conservatorship. The petition does not allege any immediate needs that must be addressed.


Laura Hoffman King has been appointed as counsel for the proposed conservatee.


Note for the hearing on the general conservatorship: The Capacity Declaration is incomplete as to dementia powers. The doctor has expressed no opinion whether the proposed conservatee has dementia. (Attachment to Form GC-335, Capacity Declaration—Conservatorship, Only for (Proposed) Conservatee With Dementia, ¶ 9.) The court will be unable to grant such powers based on this record.      

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