Conservatorship of Jason Mondina

Case Number

24PR00143

Case Type

Hearing Date / Time

Mon, 05/13/2024 - 08:30

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, 15 days before the hearing. (Prob. Code, § 1824; Conservatorship of Jones (1986) 188 CA3d 306, 309.)

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).)

Regional Center Report.  When the proposed conservatee is a person with developmental disabilities, a report from the appropriate regional center (in this geographical area, the regional center is Tri-Counties). (Prob. C. § 1827.5.)

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).) 

A petition for authority to obtain major neurocognitive disorder powers must be supported by a declaration of a licensed physician or psychologist regarding each of the findings made. (Prob. Code, § 2356(f)(3).)  The Capacity Declaration on file does not opine that the proposed conservatee lacks capacity to make the decisions related to these powers. If petitioner desires for those powers to be granted, the Attachment to the Capacity Declaration re: major neurocognitive disorder powers must be filled out properly by the evaluating physician.

The proposed conservatee is not expected to attend the hearing.  (Prob. Code, § 1825(a)(2)[medical inability].)