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“Under the Probate Code conservatorship proceedings the court ‘shall appoint a conservator of the person and property or person or property of any adult person who, in the case of a conservatorship of the person, is unable properly to provide for his personal needs for physical health, food, clothing or shelter, and, in the case of a conservatorship of the property, is substantially unable to manage his own financial resources, or resist fraud or undue influence....’” (Conservatorship of Sanderson (1980) 106 Cal. App. 3d 613, 618 citing Prob. Code § 1751.)
“A probate conservator cannot place a conservatee in a mental health facility against his will.” (Conservatorship of Sanderson (1980) 106 Cal. App. 3d 613, 618 citing Prob. Code § 1851.) “However, a probate conservator ‘has the care, custody and control of the conservatee and may fix the residence and domicile of the conservatee at any place within this state, but not elsewhere without the permission of the court.’” (Id.) “As mentioned earlier a probate conservator has the same powers as an LPS conservator, other than the power to place the conservatee in a mental health facility.” Id. “Respondent contends that a probate conservatee does not suffer the same deprivation of liberty as an LPS conservatee.” Id.
Under Probate Code 1470(a) the court may appoint the deputy public defender to represent the interests of the proposed temporary conservatee as a discretionary appointment.
The law requires full bond to the extent of all personal property assets, plus annual gross income, as well as a recovery bond. Probate Code § 2620; CRC 7.207. If independent powers to buy sell or encumber real property are requested, the bond is further increased by all existing equity. Probate Code § 2620.1; CRC 7.204.
Counsel for a conservatee in a probate conservatorship has full authority to bind the client with respect to jury trial. (Conservatorship of B.C. (2017) 6 Cal.App.5th 1028, 1035.)
Prob. Code § 1800.3 states in relevant part: “No conservatorship of the person or the estate shall be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.”
With regard to the sufficiency of evidence to support an order of probate conservatorship, the standard of review is a question of law. (Coastal Envtl. Rights Found. v. Cal. Reg'l Water Quality Control Bd. (2017) 12 Cal. App. 5th 178, 188.) Further, such a question is reviewed de novo. (Id.)
Ҥ 2645 provides in part:
(Conservatorship of Bryant (1996)45 Cal. App. 4th 119, 120.)
Size of the conservatorship estate is an important consideration in awarding attorney fees. (Conservatorship of Levitt (2001) 93 Cal.App.4th 944.)
In contested conservatorships, where one party petitions for the appointment of one individual as conservator and another party objects and responds with a petition for the appointment of someone else, the losing party may petition the court for an order fixing and allowing fees and costs, provided the court determines that the petition was filed in the conservatee’s best interests. (Probate Code § 2640.1(a).)
A petition for fees under Probate Code § 2604.1 cannot be filed “before the expiration of 90 days from the issuance of letters.” (Probate Code § 2640.1(a).) In other words, a conservatorship must be established before a court may issue an order setting fees. (See Probate Code § 2310 stating: appointment not effective until letters are issued.)
“Any compensation and costs allowed shall be charged to the estate of the conservatee. If a conservator of the estate is not appointed, but a conservator of the person is appointed, the compensation and costs allowed shall be ordered by the court to be paid from property belonging to the conservatee, whether held outright, in trust, or otherwise.” (Probate Code § 2640.1(c).)
Although § 2640.1 contemplates payment from sources other than the conservatorship estate, it nonetheless still requires establishment of a conservatorship. (Id.)
A probate court may find that a general conservatorship is more appropriate and appoint a general conservator without an amended petition, when the only petition filed with the court requests a limited conservatorship. (Prob.
CONSERVATORSHIP OF CATHY JOY KENDALL
SM019012
Jun 25, 2019
Santa Barbara County, CA
It appears the court needs further discussion with the proposed general conservator, with the assistance of conservatee's appointed counsel, which may just be a failure of recognition of the procedural protocol and notice requirements." Discussion was held on August 30, 2016 with conservatee's sister, again confirming the sister's intent to file a general conservatorship petition. As of October 24, 2016, at 1410 hrs., the requested general conservatorship petition has still not been filed.
CNSVSHIP OF JOANNA GONZALES
P071849
Oct 25, 2016
Ventura County, CA
Family Law
Conservatorship
There is no alleged emergency requiring a temporary conservator pending Octavio's general conservatorship petition set for November 15, 2016. The court's inclination is to maintain the status quo until the general conservatorship hearing and allow some communication from the conservator. gmr
IN THE MATTER OF RODOLFO SANCHEZ RODRIGUEZ
56-2014-00456499-PR-CP-OXN
Sep 27, 2016
Ventura County, CA
Family Law
Conservatorship
This general conservatorship was opened on April 8, 2008. It does not appear, however, that letters of general conservatorship ever issued; nor does it appear that conservator's attorney Wachbrit-Braverman ever followed up to secure those general letters before she substituted out of the case in 2009. No status report was ever filed by the conservator until this court issued an order requiring its filing on September 15, 2015.
IN THE MATTER OF LUCA VINCENT PELLICANO
56-2007-00309654-PR-CP-VTA
Oct 27, 2015
Ventura County, CA
Family Law
Conservatorship
Appoint Ernestine Tabata, temporary conservator over the person of her son, Michael Tabata, until 3/20/12. "Mother" is not a valid reason to waive bond, and the Court will only appoint Ms. Tabata as conservator over the estate upon posting $70,000 bond. The general conservatorship hearing is set for 3/20/12, and the temporary conservator will need to file a physician's capacity declaration (GC-335) before her requested general conservatorship over the person of may be granted. (Prob.C. §1890 (c).) gmr
IN THE MATTER OF MICHAEL ANTHONY TABATA
56-2012-00411622-PR-CP-OXN
Feb 14, 2012
Ventura County, CA
Family Law
Conservatorship
The temporary conservatorship shall expire on December 22, 2015, the date the court intends to calendar for hearing on the general conservatorship. Set general conservatorship hearing for December 22, 2015, 9:00 AM, J6. gmr
IN THE MATTER OF PAMELA WALLEN
56-2015-00474262-PR-CP-OXN
Nov 10, 2015
Ventura County, CA
Family Law
Conservatorship
Temporary conservator to be compensated through temporary conservatee's trust estate through prior court approval. Temporary powers will extend until the general conservatorship hearing set on August 29, 2017, 9:00 AM, J6. The capacity declaration from Dr. Hatch contains a dementia attachment, but neither the temporary nor general conservatorship petition contains such an attachment requesting dementia authority.
IN THE MATTER OF NORMA MAXINE CALL
56-2017-00497685-PR-CP-OXN
Jun 27, 2017
Ventura County, CA
Family Law
Conservatorship
Discuss general conservatorship notice issues. gmr
SUSANN MOLNAR
56-2014-00454337-PR-CP-OXN
Jun 19, 2014
Ventura County, CA
This general conservatorship was opened on April 8, 2008. Letters of conservatorship, however, never issued; and conservator's attorney Wachbrit-Braverman failed to secure those general letters before she substituted out of the case in 2009. No status report was ever filed by the conservator until this court issued an order requiring its filing on September 15, 2015. A status report was filed on August 6, 2015, but letters of general conservatorship had yet to issue.
IN THE MATTER OF LUCA VINCENT PELLICANO
56-2007-00309654-PR-CP-VTA
May 09, 2017
Ventura County, CA
Family Law
Conservatorship
Upon the court's review of the instant general conservatorship application, including the capacity declaration, this appears to be an appropriate case for general conservatorship, in which case the regional center's statutory assessment is discretionary only. (Prob.C.§1827.5(b).) Assuming the proposed conservator and conservatee are present in court, and proposed conservatee's counsel concurs, the court grants the petition.
IN THE MATTER OF NADINE DIANE CROWELL
56-2016-00489786-PR-CP-OXN
Feb 07, 2017
Ventura County, CA
Family Law
Conservatorship
Opposition to the general conservatorship petition was filed by Barbara Agcaoli on August 7 17, 2016, proposed conservatee's former caregiver who identifies herself as a "friend". Ms. Agcaoli's opposition, inter alia, proposes the appointment of conservatee's nephew, Florida resident John Freed, as conservator. Neither Ms. Agcaoli nor Mr. Freed have filed a cross-petition seeking such appointment.
IN THE MATTER OF HELEN ENNES
56-2016-00483785-PR-CP-OXN
Sep 27, 2016
Ventura County, CA
Family Law
Conservatorship
Appoint professional conservator Angelique Friend, temporary conservator of the person and estate of Norma Call. Bond is §2323 and waived. Temporary conservator to be compensated through temporary conservatee's trust estate through prior court approval. Temporary powers will extend until the general conservatorship hearing set on August 29, 2017, 9:00 AM, J6. The capacity declaration from Dr.
IN THE MATTER OF THE NORMA MAXINE CALL TRUST
56-2017-00497512-PR-TR-OXN
Jun 27, 2017
Ventura County, CA
Probate
Trust
In light of the requirement under the Probate Code §1825 that the proposed conservatee appear at the general conservatorship hearing (with exceptions not applicable here), counsel for the conservator asserted that Ms. Stroud's failure to appear at the time of her jury trial should effectively be deemed a waiver of jury trial.
IN THE MATTER OF WANDA LOU STROUD
56-2017-00498858-PR-CP-OXN
Mar 16, 2018
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Probate Conservator, 09/01/2016 This general conservatorship of the person was established by order of the undersigned on November 25, 2003, in favor of conservatee's mother. On May 6, 2008, was Judge Kent Kellegrew ordered transferred to San Mateo County. Within the file, however, there is no indication that this court's file was ever physically transferred.
CONSERVATORSHIP OF PAMELA RUSSI
P077568
Nov 01, 2016
Ventura County, CA
Family Law
Conservatorship
Nature of Proceedings: Petition to Appoint Conservator of the Person and Estate Probate Notes: Appearances required. The following is noted for the court: Objections. Although there was an objection filed as to the temporary conservatorship, there are no written objections to the Petition for General Conservatorship on file.
CONSERVATORSHIP OF ARMANDO ISABEL PEREZ
21PR00508
Dec 15, 2021
Santa Barbara County, CA
The general conservatorship petition was continued by a judge pro tem to accomplish several minor procedural infirmities, but which order was followed up by a second judge pro tem, who ordered an extraordinary number of additional requirements. Despite those outstanding issues, I granted the general conservatorship petition on 4/19/11 on $53,000 bond. Bond has never been posted. No care plan or inventory/ appraisal has been filed.
IN THE MATTER OF CHARLES H NORTON
56-2010-00386952-PR-CP-OXN
Sep 27, 2011
Ventura County, CA
Family Law
Conservatorship
Opposition to the general conservatorship petition was filed by Barbara Agcaoli on August 7 17, 2016, proposed conservatee's caregiver who identifies herself as a "friend". Ms. Agcaoli's opposition, inter alia, proposes the appointment of conservatee's nephew, Florida resident John Freed, as conservator. Neither Ms. Agcaoli nor Mr. Freed have filed a cross-petition seeking such appointment.
IN THE MATTER OF HELEN ENNES
56-2016-00483785-PR-CP-OXN
Aug 23, 2016
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Temporary Guardian or Conservator, 04/04/2018 The general conservatorship hearing is set for June 8, 2018. In the interim, petitioner wife seeks temporary conservatorship of her husband's person and estate. The proposed conservatee's son, Austin, concedes the need for conservatorship, but questions the wisdom of appointing petitioner as fiduciary on the estate.
IN THE MATTER OF RICKY L. KITTRELL
56-2018-00510045-PR-CP-OXN
Apr 27, 2018
Ventura County, CA
Family Law
Conservatorship
The conservator was directed to make an appointment with the regional center for purposes of a PC § 1827.5 statutory assessment. The regional center was asked to prepare that assessment for consideration at further hearing this date. Both conservator and conservatee were requested to be present at this hearing. The Court will also need to hear from the Public Defender re whether this General Conservatorship should be converted into a Limited Conservatorship in light of the Tri-Counties assessment letter.
CNSVSHIP OF MICHELLE RIGGS
P075704
Oct 23, 2018
Ventura County, CA
Family Law
Conservatorship
The Public Guardian was appointed temporary conservator on 8/12/14. The general conservatorship hearing is set for 10/21/14. Absent some issue, the temporary conservatorship by the Public Guardian is continued until ruling on the general conservatorship petition on 10/21/14, 9:00 a.m., J6. gmr
IN THE MATTER OF JOSEPHINE PRZYDZIAL
56-2014-00455805-PR-CP-OXN
Aug 26, 2014
Ventura County, CA
Family Law
Conservatorship
The general conservatorship hearing is noticed for August 17, 2018, though the general conservatorship petition itself fails to include the hearing date. Petitioner contends that her mother is unable to resist undue influence from petitioner's brother, Richard, who petitioner contends is isolating their mother. The estimated conservatorship estate appears very modest, and is arguably insufficient to subsidize a professional conservator and her counsel.
IN THE MATTER OF HELEN MARY AVE
56-2018-00513695-PR-CP-OXN
Jul 13, 2018
Ventura County, CA
Family Law
Conservatorship
The general conservatorship hearing currently set for March 23, 2018. A supplement was filed on March 6, 2018, amending the pending general conservatorship petition by replacing temporary conservator and professional fiduciary Jeffrey Siegel with Robert Brady. Mr. Brady will need to timely file a confidential conservator screening form and advise the court investigator of the proposed change in fiduciary for purposes of the pending report on the general conservatorship hearing. gmr
IN THE MATTER OF SEAN WOLFE
56-2017-00498141-PR-CE-OXN
Mar 13, 2018
Ventura County, CA
Family Law
Conservatorship
The general conservatorship petition is currently set for 12/2/14, 9:00 a.m., J6. gmr
IN THE MATTER OF BETTY F. COOK
56-2014-00457811-PR-CP-OXN
Sep 23, 2014
Ventura County, CA
The court investigator recommends transition to a limited (as opposed to general) conservatorship, and appointment of conservatee's sister as successor conservator. A successor limited conservatorhip is certainly appropriate in light of the current conservator's admission of early stages of dementia, but the court has concerns about logistics. The hand-drafted petition to "remove" existing conservator should have instead been a Judicial Council form petition for appointment of successor conservator.
IN THE MATTER OF MICHAEL G EX
56-2017-00495854-PR-CP-OXN
Sep 12, 2017
Ventura County, CA
Family Law
Conservatorship
Conservator has filed her first account presented as two accounts, one for the temporary conservatorship period and the "second" account for the first year of general conservatorship. One difficulty is that the filed inventory/appraisal filings use the general conservatorship appointment date of March 21, 2017, rendering the opening balance of the temporary conservatorship difficult to cross-reference. The court's volunteer auditor finds "major deficiencies" in the accounts.
IN THE MATTER OF SABINA MCDONALD
56-2016-00489265-PR-CP-OXN
Jul 03, 2018
Ventura County, CA
Family Law
Conservatorship
The general conservatorship petition requests dementia powers at ¶ 1k. If that is not in error, counsel will need to be appointed for the proposed conservatee. Grant petition for temporary conservatorship assuming there is some exigency between now and the 6/7/11 general conservatorship hearing date. In that event, appoint Barbara Naumann as temporary conservator over the person of her son, Stephen Pride. gmr
IN THE MATTER OF STEPHEN ANDREW PRIDE
56-2011-00394612-PR-CP-OXN
Apr 26, 2011
Ventura County, CA
Family Law
Conservatorship
The Court has received communication from the Public Guardian's office that it does not intend to pursue its petition for general conservatorship. On November 3, 2015,,the court did not renew the September 8, 2015 order appointing temporary conservator. The court will waive an account upon the consent of counsel for the temporary conservatee. The general conservatorship petition is dismissed without prejudice. The public defender is relieved of responsibilities. gmr
IN THE MATTER OF JAMES HAWKINS
56-2015-00471903-PR-LP-OXN
Nov 10, 2015
Ventura County, CA
There is no suggestion of an exigency requiring court intervention prior to the sister's general conservatorship petition of both person and estate now set for September 29, 2015. The court would like its investigator to weigh in on the sister's petition. Accordingly, the court denies the temporary petition in favor of hearing on the general conservatorship petition on September 29, 2015, 9:00 AM, J6. gmr
IN THE MATTER OF LEONOR PAZ
56-2011-00408012-PR-CP-OXN
Aug 11, 2015
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Probate Conservator, 12/03/2014 The temporary conservator, now self-representing, has asked to continue the the general conservatorship hearing to "April 21, 2015 or later" to accommodate the temporary conservatee's procurement of a capacity declaration. The temporary conservator notes temporary conservatee's 2/5/14 appointment with Dr. Lande, so it is unclear to the court why and additional 2 1/2 months would be necessary. gmr
IN THE MATTER OF RAYMOND KRISTOPAITIS
56-2014-00460849-PR-CP-OXN
Feb 03, 2015
Ventura County, CA
The Court has received communication from the Public Guardian's office that it does not intend to pursue its petition for general conservatorship. Accordingly, the court will allow the order appointing temporary conservator, filed on September 9, 2015, to expire pursuant to its terms on November 3, 2015. The court will waive an account upon the consent of counsel for the temporary conservatee. The general conservatorship petition is dismissed without prejudice.
IN THE MATTER OF JAMES HAWKINS
56-2015-00471903-PR-LP-OXN
Nov 03, 2015
Ventura County, CA
At the time of the general conservatorship appointment on June 7, 2011, the proposed conservatee refused to appear in court as noted in the May 23, 2011 investigation report. In light of the recommendation of the court investigator, who was able to interview the proposed conservatee, the general conservatorship was granted. Conservator now seeks to modify the general conservatorship into a limited conservatorship.
IN THE MATTER OF AMANDA J WISSMANN
56-2011-00394209-PR-CP-OXN
Dec 08, 2015
Ventura County, CA
Family Law
Conservatorship
Nature of Proceedings: Petition for Appointment of Probate Conservator; Review re Receipt of Funds Into Blocked Account Appearance is required. 2nd Amended Petition for General Conservatorship The following must be submitted: Review re Receipt and Acknowledgment of Monies Placed in Blocked Account Although the 2nd Amended Petition for General Conservatorship does not include a request for powers over the estate, the temporary order and letters issued on July 1, 2015 included authority over the estate.
CONSERVATORSHIP OF JORDAN K KIEDING
15PR00146
Aug 26, 2015
Santa Barbara County, CA
Appoint Margaret Pateras, conservator of the person of her daughter, Maria Pateras. Set hearings on 60-day level of care and one-year status-report filing/sufficiency. There was no appearance the July 14, 2015 general conservatorship hearing noticed by the proposed conservator. gmr
IN THE MATTER OF MARIA GEORGINE PATERAS
56-2015-00467338-PR-CP-OXN
Jul 28, 2015
Ventura County, CA
Family Law
Conservatorship
Temporary appointment expires 8/6/13 at the time of the general conservatorship hearing on the person and estate. gmr
IN THE MATTER OF RACHEL COBOS SANTOS SALAS
56-2013-00437092-PR-CP-OXN
Jun 13, 2013
Ventura County, CA
Is there an exigency also relating to the estate that needs immediate management prior to the 6/4/13 general conservatorship hearing ? Upon proper service upon the proposed ex parte application upon the proposed temporary conservatee (or waiver by counsel), grant ex parte application appointing Phoenix Cook, temporary conservator of the person of her grandmother, Bobbie Nixon, pending the 6/4/13 general conservatorship hearing. gmr
IN THE MATTER OF BOBBIE NIXON
56-2013-00434309-PR-CP-OXN
Apr 11, 2013
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Temporary Guardian or Conservator, 02/13/2018 Grant petition. Appoint Kristine Cornell, temporary conservator of the person and estate of her husband, William Hazen, Jr. Bond is $90,000. The general conservatorship hearing is set for April 14, 2018, 9:00 AM, J6.
IN THE MATTER OF WILLIAM M. HAZEN JR.
56-2018-00507999-PR-CP-OXN
Feb 23, 2018
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Temporary Guardian or Conservator, 06/19/2017 Grant ex parte application. Appoint Angelique Friend, temporary conservator of the person and estate of Charlotte Paramore. Bond is CRC 7.204. The general conservatorship hearing remains set for July 18, 2017, 9:00 AM, J6. gmr
IN THE MATTER OF CHARLOTTE PARAMORE
56-2017-00493796-PR-CP-OXN
Jun 20, 2017
Ventura County, CA
Family Law
Conservatorship
A $400,000 bond was posted on September 26, 2017 by the conservator in her capacity as "temporary conservator." The general conservatorship order of January 5, 2018 sets a $412,000 bond, but it does not appear as though the bond was posted. The March 9, 2018 (corrected) partial inventory/appraisal shows $412,158.02 in cash, plus annual retirement and social security benefits of approximately $39,500. The second partial inventory/appraisal identifies a $450,000 real property asset.
IN THE MATTER OF WILLIAM EWART
56-2017-00501444-PR-CP-OXN
Apr 24, 2018
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Inez Romero began serving as her nephew's temporary conservator on July 14, 1998. General conservatorship was granted on September 21, 1998. Conservatorship of the estate only was terminated on March 23, 2004. In the investigation report of November 21, 2016, conservator Inez Romero advised the court's investigator that she would like to have a co-conservator appointed for her nephew's person in light of her [Ms. Romero's] advancing age.
CONSVSHIP OF ABRAHAM A. FAIRFIELD
P073348
Mar 21, 2017
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Ex Parte Petition to Appoint Temporary Conservator, 09/26/2014 Appoint deputy public defender to represent the intersts of the proposed conservatee. Grant ex parte application. Appoint Katherine Haywood, temporary conservator of the person of her daughter, Julia Haywood, pending the 12/12/14 general conservatorship hearing. gmr
IN THE MATTER OF JULIA HAYWOOD
56-2014-00458339-PR-CP-OXN
Sep 30, 2014
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Temporary Guardian or Conservator, 03/06/2013 Appoint deputy public defender to represent the interests of the proposed conservatee. Appint Lisa Hightower, temporary conservator of the estate of her mother, Beverly Hightower. Bond is $33,500, plus social security, if any. General conservatorship hearing is 4/30/13, 9:00, J6. gmr
IN THE MATTER OF BEVERLY HIGHTOWER
56-2013-00432940-PR-LC-OXN
Mar 12, 2013
Ventura County, CA
Causal Document & Date Filed : Petition for Appointment of Temporary Guardian or Conservator, 03/11/2011 Appoint deputy public defender to represent the interests of the proposed conservatee. Subject to counsel's consent, grant ex parte application to appoint Jimmy Jacobs, temporary conservator over the person of his daughter, Heather Jacobs, pending general conservatorship hearing set for 5/10/11. gmr
IN THE MATTER OF HEATHER ASHLEY JACOBS
56-2011-00393061-PR-CP-OXN
Mar 14, 2011
Ventura County, CA
Family Law
Conservatorship
The temporary letters on the person only are extended to November 22, 2016,, 9:00 AM, J6, at which time both the removal petition and the general conservatorship petition may be heard, with the benefit of a investigation report. gmr
CNSVSHIP OF CECILIA BUSTOS
P053269
Sep 27, 2016
Ventura County, CA
Family Law
Conservatorship
Viets have set their general conservatorship hearing for 1/13/12, 9:00, J6; and so Ms. Fox's pending petition is continued to the same date, time and place. gmr
IN THE MATTER OF CAROLE G BASLER
56-2011-00404913-PR-CP-OXN
Jan 31, 2012
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Ex Parte Petition to Appoint Temporary Conservator, 05/22/2014 Subject to consent of counsel for the proposed conservatee, grant petition. Appoint the Ileana Lytton, temporary conservator of the person and estate of her daughter, Lauri Lytton. Bond is $50,000 as paryed, subject to CRC 7.204 obligations as assets become known. General conservatorship hearing is 7/22/14, 9:00 a.m., J6. gmr
IN THE MATTER OF LAURI LOUISE LYTTON
56-2014-00453247-PR-CP-OXN
Jun 10, 2014
Ventura County, CA
The application is for temporary conservatorship, not general conservatorship. The general conservatorship petition is set for September 28, 2018. Discuss. gmr
IN THE MATTER OF ROBIN LEON BRUNSON
56-2018-00515618-PR-CP-OXN
Aug 10, 2018
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Probate Conservator, 03/29/2013 Upon the completion the general conservatorship hearing, the appointed private professional abruptly resigned after speaking with the conservatee in the hallway, perhaps due to what is described at page six of the investigator's report. The court sua sponte appointed the Public Guardian as temporary conservator of the person and estate. Subject to consent of Mr.
IN THE MATTER OF RUPEN MAGARIAN
56-2013-00434191-PR-CP-OXN
Jun 11, 2013
Ventura County, CA
Causal Document & Date Filed : Petition for Appointment of Probate Conservator, 07/22/2013 Upon the concurrence of proposed conservatee's counsel, in accordance with the recommendations of the court's investigator, grant the petition of the Public Guardian. Appoint the Public Guardian, limited conservator of the person and estate of Rubi Barajas, approving the four requested powers. Bond is on file. Deny the general conservatorship petition of Maria Barajas. gmr
IN THE MATTER OF RUBI BARAJAS
56-2013-00439529-PR-CP-OXN
Nov 12, 2013
Ventura County, CA
Causal Document & Date Filed : Petition for Appointment of Temporary Guardian or Conservator, 02/16/2012 The Court appoints the deputy public defender under §1470(a) in light of the conflicting views of the proposed conservatorship expressed by the proposed conservatee. Grant petition for temporary conservatorship. Appoint the Public Guardian, temporary conservator over the person and estate of John Packard. Bond on file. General conservatorship hearing is 4/17/12. gmr
IN THE MATTER OF JOHN PACKARD
56-2012-00412710-PR-CP-OXN
Mar 06, 2012
Ventura County, CA
The Public Guardian petitioned for appointment as conservator of the estate, setting the hearing on the general conservatorship for 9/27/11. Proposed conservatee's daughter Bonnie has now petitioned as conservator of her mother's person and estate, setting that hearing for 11/15/11. Both petitions shall be heard on 11/15/11. gmr
IN THE MATTER OF CAROLYN DOROTHY HENRY
56-2011-00401263-PR-CE-OXN
Sep 27, 2011
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Temporary Guardian or Conservator, 06/21/2011 Even as an ex parte, this matter should have been set for the Tuesday conservatorship calendar, when the deputy public defender is in the courtroom. According to the petition, the conservator died 5/22/11. There is no showing of an exigency pending the 8/16/11 successor general conservatorship hearing date. gmr
IN THE MATTER OF MICHAEL SCHERZINGER
56-2008-00333540-PR-CP-OXN
Jun 23, 2011
Ventura County, CA
Viets' general conservatorship and (without petition) proposes to serve as co-conservator with her allegedly unfit brother Randy. Randy, however, is apparently pleased with Ms. Viets and has stated that he is withdrawing his petition. The court investigator recommends the appointment of Ms. Viets. Upon the recommendation of proposed conservatee's counsel, appoint Laura Viets, conservator of the person and estate of Adelene Lubert.
IN THE MATTER OF ADALENE LUBERT
56-2014-00458725-PR-CP-OXN
Dec 02, 2014
Ventura County, CA
Family Law
Conservatorship
The general conservatorship order was never submitted, and letters of general conservatorship were never issued. The court noted this difficulty in its minute order of May 31, 2016, at which time the court reiterated its order requiring the filing of the care plan. This minute order was served upon both Rosa Gomez and Jessica Gomez.
IN THE MATTER OF XAVIER RYAN LOPEZ
56-2015-00474503-PR-CP-OXN
Jul 26, 2016
Ventura County, CA
Family Law
Conservatorship
A temporary conservatorship of the person and estate was established on April 20, 2018, on $687,000 bond, rather than upon the requested general conservatorship, in light of proposed conservatee's reluctance to be examined for purposes of the court receiving a GC-335 capacity declaration. Upon receipt of a confirming capacity declaration, and upon the consent of proposed conservatee's counsel, grant general conservatorship petition.
IN THE MATTER OF JAMES BAKER MABRY
56-2017-00505285-PR-CP-OXN
May 11, 2018
Ventura County, CA
Family Law
Conservatorship
If conservatee's counsel is convinced that general conservatorship is more appropriate to this circumstance, the court will grant the pending petition and appoint Elsa Dreckmann, general conservator of the person and estate of her son, Sebastien Dreckmann. The issue of bond is unclear, as petitioner left ¶3(e) of the petition blank. Discuss. Set hearings on 60-day level of care, inventory/appraisal one-year status report, and possible account. gmr
IN THE MATTER OF SEBASTIEN PATRICK DRECKMANN
56-2015-00467256-PR-CP-OXN
Aug 18, 2015
Ventura County, CA
Family Law
Conservatorship
The temporary order will expire at the time of hearing on the general conservatorship petition currently set for June 20, 2017, 9:00 AM, J6. gmr
IN THE MATTER OF ROBERT A. MATTHEWS
56-2017-00495709-PR-CP-OXN
May 16, 2017
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Probate Conservator, 02/09/2015 Rodriguez disclosure. Upon consent of proposed general conservatee's counsel, grant general conservatorship petition. Appoint professional fiduciary John Lowery, conservator of the person and estate of Francesca De Stefano. Bond is $1.3M in light of the requested §2591 powers. Discuss requested dementia powers. Set hearings on 60-day level of care, inventory/appraisal, one-year status report, and first account.
IN THE MATTER OF FRANCESCA FALVO DE STEFANO
56-2015-00463772-PR-CP-OXN
Apr 07, 2015
Ventura County, CA
Discuss the need for an estate conservatorship prior to the July 12, 2016 general conservatorship hearing date. gmr
IN THE MATTER OF GARRETT SCOTT CAMPEN - VON GUNTEN
56-2016-00482164-PR-CP-OXN
May 31, 2016
Ventura County, CA
Family Law
Conservatorship
The general conservatorship hearing is 12/2/14, 9:00 a.m., J6. gmr
IN THE MATTER OF ADALENE LUBERT
56-2014-00458725-PR-CP-OXN
Oct 21, 2014
Ventura County, CA
Subject to the consent of proposed conservatee's counsel, grant the general conservatorship petition. Appoint professional conservator John Lowery, general conservator of the person and estate of Margarita Smeltz. Bond shall remain at $200,000, subject to adjustment per Probate Code §2320 and CRC 7.204. Discuss requested dementia powers in light of the incomplete dementia attachment to the physician's capacity declaration.
IN THE MATTER OF MARGUERITE T. SMELTZ
56-2015-00470403-PR-CP-OXN
Sep 22, 2015
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Ex Parte Application - Temporary Conservatorship, 03/04/2013 What is the relationship of the proposed conservator to the proposed temporary conservatee, and why is Lynnett nominating him ? Why is Annett in state prison and did petitioner attempt to give her notice ? Grant petition. Appoint Manuel Ameral, temporary conservator of the person and estate of Lynn Menick. Bond is $385,000. The general conservatorship hearing is set for 4/30/13, 9:00 a.m., J6. gmr
IN THE MATTER OF LYNN A MENICK
56-2013-00432755-PR-CP-OXN
Mar 05, 2013
Ventura County, CA
Appoint Shante Morgan-Durisseau, temporary conservator of the person of her daughter, Christina Chambliss, appointment to expire at the time of the general conservatorship hearing on June 16, 2015. gmr
IN THE MATTER OF CHRISTINA NOEL CHAMBLISS
56-2015-00466388-PR-CP-OXN
Apr 17, 2015
Ventura County, CA
Family Law
Conservatorship
On 08/17/18 Michael Rosas (son) was appointed temporary conservator of the person and estate of Edward Rosas with bond of $255,000.00. Temporary Letters issued 09/12/18. On 10/12/18 at the hearing re the general conservatorship, Attorney for temporary conservator informed the court that the conservatee had died that week. The petition for conservatorship was withdrawn. A copy of the death certificate and Notice of Death of Conservatee were filed 11/05/19. (Probate Code §2361 Local Rule 10.03(D).)
IN THE MATTER OF EDWARD ROSAS
56-2018-00516092-PR-CP-OXN
Dec 17, 2019
Ventura County, CA
Family Law
Conservatorship
The following must be submitted before the hearing can be held: (1) proof of service of mailed notice of hearing on proposed conservatee's grandparents (the only proof of service in file is for hearing on temporary conservatorship; no proof that Notice of Hearing for general conservatorship mailed timely); (2) report from regional center as required by Prob.
CONSERVATORSHIP OF SALINE
1233041
May 09, 2007
Santa Barbara County, CA
Neither the petition for general conservatorship nor the accompanying proposed order requests special dementia powers. Dr. Smith, however, opines that the proposed conservatee suffers from dementia.
CONSERVATORSHIP OF IRA ROY IRWIN
1387898
Jul 06, 2011
Santa Barbara County, CA
The court appoints Sandra Harris, limited conservator of the person of her daughter, Marie Syzmanski. Consistent with the recommendation of Dr. Ashley at the regional center, the court authorizes all seven statutory limited powers. The general conservatorship previously in place is terminated. A new order establishing limited conservatorship should be submitted, and the appropriate letters of limited conservatorship should issue.
IN THE MATTER OF MARIE SYZMANSKI
56-2017-00503660-PR-CE-OXN
May 18, 2018
Ventura County, CA
Family Law
Conservatorship
Petitioner seeks a temporary general conservatorship over the person of her daughter, but it is unclear what about the alleged exigency -- compelling the court investigator to conduct two statutory investigations and the court to conduct two hearings -- would be lessened by virtue of the proposed temporary appointment. The capacity declaration is signed by an LCSW, who is not §1890(c) qualified to complete the form. The general conservatorship hearing is set for May 16, 2017.
IN THE MATTER OF CAMEO M FEDERICO
56-2017-00493831-PR-CP-OXN
Mar 14, 2017
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Probate Conservator, 03/14/2011 This general conservatorship petition involves a large extended family in which there is little disagreement about the need for a conservatorship; but substantial controversy regarding the choice of conservator as well as her care plan. There are likely insufficient assets to subsidize to cost of a private conservator.
IN THE MATTER OF DOROTHY A BASQUEZ
56-2011-00393224-PR-CP-OXN
May 17, 2011
Ventura County, CA
Danna Whiteacker was appointed the temporary conservator of the person and estate of Elnorah Womack on January 27, 2014. The temporary conservatee died prior to the hearing on the general conservatorship. On March 3, 2014, the court ordered the temporary conservator to file an account for her administration as temporary conservator. (Prob. Code section 2256.) The account was filed on May 5, 2014 and is therefore untimely.
CONSERVATORSHIP OF ELNORAH LOUISE WOMACK ETC
1458836
May 12, 2014
Santa Barbara County, CA
The parties could not come to agreement on general conservatorship and the court set trial on appointment of a general conservator for 2/1/13. The temporary conservatee died on 1/9/13 while dancing. The successor temporary conservator now accounts and seeks discharge. Ms. Johnson objects in numerous particulars; including the continued mantra that this court never should have allowed Ms. Friend's temporary appointment.
IN THE MATTER OF FAYE FULLER JOHNSON
56-2012-00420591-PR-CP-OXN
May 14, 2013
Ventura County, CA
Family Law
Conservatorship
In this general conservatorship petition, proposed conservator daughter failed to file a capacity declaration (mandatory form GC-335) in order to establish clear and convincing evidence of the need for conservatorship of her mother (Prob.C.§ 1801(e).) The Court's investigator recommends denial of the petition, noting that the proposed conservatee scored 30 out of 30 on the MMSE exam.
IN THE MATTER OF LINDA REDDAN
56-2011-00398651-PR-CE-OXN
Aug 16, 2011
Ventura County, CA
Family Law
Conservatorship
On August 4, 2015, the undersigned appointed professional conservator Laura Viets as temporary conservator of the estate of Randy Kolch. Among other things, the court has reviewed the investigator's report, daughter Heather Kolch's handwritten "opposition" to the temporary conservatorship petition, her attorney's October 2, 2015 formal opposition to the general conservatorship petition, and the October 2, 2015 report and the November 19, 2015 supplemental report of the temporary conservator of the estate.
IN THE MATTER OF RANDY KOLCH
56-2015-00470327-PR-CP-OXN
Nov 24, 2015
Ventura County, CA
Family Law
Conservatorship
The limited co-conservators nominated the Department of Developmental Services as successor conservator. CDDS declined the invitation upon the regional center's assessment that none of the statutory limited powers should be imposed. This court appointed the Ventura County Public Guardian as temporary successor conservator, and set the general conservatorship hearing for March 13, 2018, 9:00 AM, J6. It may be that a limited conservatorship is no longer the least restrictive alternative. Discuss. gmr
IN THE MATTER OF ALYONA FRENCH
56-2013-00437029-PR-CP-OXN
Mar 13, 2018
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Probate Conservator, 12/16/2011 On 12/20/11, the Court appointed private professional Patricia Keefer as temporary conservator over the person and estate of Bernice Westfall; and temprary trustee of the the conservatee's trust. Eight days later, the temporary conservatee died. The petition for general conservatorship is therefore moot and off calendar.
IN THE MATTER OF BERNICE WESTFALL
56-2011-00408539-PR-CP-OXN
Feb 14, 2012
Ventura County, CA
Absent true exingency, deny temporary conservatorship petition and await the 7/30/13 general conservatorship hearing. gmr
IN THE MATTER OF EMOGENE CRAWFORD
56-2013-00436826-PR-CP-OXN
May 28, 2013
Ventura County, CA
Appoint Richard Wurtz, temporary conservator of the person and estate of his mother, Judith Wurtz, on bond of $1,205,000. The temporary order expires on the date of the general conservatorship hearing, February 28, 2017. Notice of the general conservatorship hearing to be served upon all relatives to the second degree forthwith. gmr
IN THE MATTER OF JUDITH G WURTZ
56-2017-00491290-PR-CP-OXN
Jan 06, 2017
Ventura County, CA
Family Law
Conservatorship
Lenehan, the court's inclination is to notice the Public Guardian and continue the matter until the general conservatorship. gmr
IN THE MATTER OF EVELYN JOHNSTON
56-2013-00443782-PR-CP-OXN
Nov 12, 2013
Ventura County, CA
Appoint Charles Loux, temporary successor conservator of the person and estate of his mother, Viola Pethel. Bond is $262,000. Authorize conservatee's provisional move to Oklahoma pending the general conservatorship hearing on 9/24/13. (Prob. C. §2352(c).) If, in that time, a temporary adult guardianship proceeding can be commenced in Oklahoma, this court can relinquish jurisdiction of the person, the estate subject of course to a final estate account presented on behalf of the deceased conservator.
IN THE MATTER OF VIOLA MARIE PETHTEL
56-2012-00428932-PR-CP-OXN
Jul 30, 2013
Ventura County, CA
Deny without prejudice pending general conservatorship hearing. gmr
IN THE MATTER OF MYRON A SELWYN
56-2012-00413321-PR-CP-OXN
Mar 13, 2012
Ventura County, CA
Family Law
Conservatorship
Douglas Thrower was appointed as his mother's temporary conservator on March 22, 2016. Judge the general conservatorship was approved on March 26, 2016. The first account was ordered filed by June 13, 2017. Conservator's first account was filed six months late on November 17, 2017. Despite the unacceptable delay, considering conservator is self-representing, the accounting itself is complete and properly presented, most recently supplemented with additionally required statutory documents.
IN THE MATTER OF SAVANNAH THROWER
56-2016-00478773-PR-CP-OXN
Mar 20, 2018
Ventura County, CA
Family Law
Conservatorship
Appoint professional fiduciary Angelique Friend, conservator of the estate of Christopher Kosmatka, for purposes of receiving social security funds. Bond on the social security funds alone is §2323 and waived. The general conservatorship of the estate shall be heard on May 25, 2018. gmr
IN RE DURABLE POWR OF ATTORNEY OF CHRISTOPHER A KOSMATKA
56-2013-00436287-PR-TR-OXN
Mar 23, 2018
Ventura County, CA
Probate
Trust
The general conservatorship hearing is set for February 2, 2018, 9:00 AM, J6. gmr
IN THE MATTER OF ROBERT PARK BLAIR
56-2017-00504592-PR-CP-OXN
Dec 08, 2017
Ventura County, CA
Family Law
Conservatorship
On July 26, 2016, when this court appointed conservatee's sister, Frances Gonzales, to be temporary successor conservator of conservatee's person, the court directed Ms. Gonzales to file a general conservatorship petition to be heard on August 30, 2016, along with fee waiver application. As of August 25, 2016, at 1440 hrs., neither has been filed. There has been a disconnect somewhere.
CNSVSHIP OF JOANNA GONZALES
P071849
Aug 30, 2016
Ventura County, CA
Family Law
Conservatorship
(Request for General Conservatorship and Response to Tentative Ruling filed 6/15/16, p. 2.) A conservatorship of the estate is not necessary if the only asset is Social Security benefits, which can be managed under the representative payee program. Accountings will be provided to the Social Security Administration.
CONSERVATORSHIP OF MOLLY DUNLAVEY
16PR00177
Jul 18, 2016
Santa Barbara County, CA
Causal Document & Date Filed : Petition for Appointment of Temporary Guardian or Conservator, 03/20/2017 A temporary co-conservatorship petition was set for hearing on April 4, 2017. A continuance request was made by the proposed co-conservators asking that the hearing on the temporary conservatorship be continued to April 18, 2017, to accommodate a "business trip" of the proposed co-conservators. A general conservatorship petition was set for hearing on May 23, 2017.
IN THE MATTER OF CALEB STEVEN BUNDY
56-2017-00494175-PR-CP-OXN
Apr 04, 2017
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Temporary Guardian or Conservator, 03/20/2017 A temporary co-conservatorship petition was set for hearing on April 4, 2017. A continuance request was made by the proposed co-conservators asking that the hearing on the temporary conservatorship be continued to April 18, 2017, to accommodate a "business trip" of the proposed co-conservators. A general conservatorship petition is set for hearing on May 23, 2017.
IN THE MATTER OF CALEB STEVEN BUNDY
56-2017-00494175-PR-CP-OXN
Apr 18, 2017
Ventura County, CA
Family Law
Conservatorship
The general conservatorship hearing is currently set for February 16, 2018. gmr
IN THE MATTER OF BARRY BARNES
56-2017-00505098-PR-CP-OXN
Dec 15, 2017
Ventura County, CA
Family Law
Conservatorship
The temporary conservator of the person is directed to return the temporary conservatee to California immediately to facilitate full investigation. The hearing on the general conservatorship petition shall continue to November 8, 2016, 9:00 AM, J6, to allow sufficient time for such investigation. The temporary order will continue until such time. gmr
IN THE MATTER OF NORMA FARRANT
56-2016-00483787-PR-CP-OXN
Sep 27, 2016
Ventura County, CA
Family Law
Conservatorship
Appoint Sharon Carnival, temporary conservator of the person of her son, Robert Dedrick, pending the 9/24/13 hearing on the general conservatorship. gmr
IN THE MATTER OF ROBERT DEDRICK
56-2013-00439637-PR-LP-OXN
Jul 30, 2013
Ventura County, CA
Family Law
Conservatorship
The initiating petition was filed by the proposed conservatee's mother on June 13, 2017, as a general conservatorship matter. The undersigned continued the matter due to the lack of a regional center report, and appointed the deputy public defender to represent the interests of the proposed conservatee, as a possible if not likely limited conservatorship. A cross-petition was filed by proposed conservatee's father on September 21, 2017, also as a general conservatorship.
IN THE MATTER OF JOHNY JAMES PAPANICKOLAS
56-2017-00497587-PR-CP-OXN
Dec 12, 2017
Ventura County, CA
Family Law
Conservatorship
Appoint Michael Ewing, conservator of the person and estate of his grandmother, Barbara Mires. Bond is $518,320 (less the sum of any real property encumbrances). Conservator needs to be in a position to evict his mother from the residence, or to claen and sell the real property to pay for proposed conservatee's care. The general conservatorship hearing is on 12/9/14. gmr
IN THE MATTER OF BARBARA MIRES
56-2014-00458864-PR-CP-OXN
Oct 28, 2014
Ventura County, CA
Family Law
Conservatorship
The proposed conservatee's father objects, asking that he be appointed in lieu of his son as co-conservator, but he has not petitioned to serve in that capacity. This is not a divorce/ custody concern; the question is the best interest of the proposed conservatee. There is also the question of whether this should be a limited as opposed to general conservatorship, as Tri-Counties has already weighed in on the former.
IN THE MATTER OF KAYLEY ANNE FRANKLIN
56-2013-00435704-PR-CP-OXN
Jul 16, 2013
Ventura County, CA
Family Law
Conservatorship
Appoint professional conservator Angelique Friend, temporary conservator over the person and estate of Herman Blanche. Bond to be set at the monies placed in the conservatorship estate plus the CRC 7.207(b) amount. In light of the family conflict, petitioner to consider the professional fiduciary also servicing the trust on $3.6M bond. To be served within two days including notice of the general conservatorship hearing. gmr
IN THE MATTER OF HERMAN P BLANCHE
56-2012-00423254-PR-CP-OXN
Aug 29, 2012
Ventura County, CA
The general conservatorship was established on December 2, 2015. Conservatee died on February 27, 2015. The conservatorship of the person is terminated. A "supplemental " inventory/appraisal was filed on March 21, 2016, in which the conservator improperly valued some non-§8901 assets. There was no prior or subsequent appraisal, so it is unclear what the document supplemented.
IN THE MATTER OF DELIA REMEDI
56-2015-00473630-PR-CP-OXN
May 24, 2016
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Temporary Guardian or Conservator, 04/20/2012 Appoint deputy public defender to represent the interests of the proposed conservatee. Consistent with the recommendation of the court's investigator, appoint professional fiduciary Sarah Hardcastle, temporary conservator over the person and estate of Robert Bixler. Bond will be set at $89,000. The general conservatorship petition of Robin Bixler is set for 6/19/12.
IN THE MATTER OF ROBERT L BIXLER
56-2012-00415954-PR-CP-OXN
May 08, 2012
Ventura County, CA
Appoint Micaela Nunez, temporary conservator of the person of her daughter, Susana Suarez. The general conservatorship hearing is on 12/2/14, 9:00 a.m., J6. gmr
IN THE MATTER OF SUSANA SUAREZ
56-2014-00458719-PR-CP-OXN
Oct 21, 2014
Ventura County, CA
Family Law
Conservatorship
If so, the proposed conservator would not have management and control over this asset outside the conservatorship estate, nor would the court permit her to refinance without proper bond. Subject to the consent of counsel, grant ex parte application. Appoint Debbie Medlock, temporary conservator of the person and estate of her husband, Dean Medlock. The temporary order shall remain in effect until the general conservatorship hearing on December 22, 2015.
IN THE MATTER OF DEAN MEDLOCK
56-2015-00473910-PR-CE-OXN
Nov 03, 2015
Ventura County, CA
Family Law
Conservatorship
Unlike a general conservatorship hearing(Prob.C.§1827), Mr. Saklzwedel points to no statute in the temporary conservatorship chapter granting right to trial by jury. (Prob.C.§2250 et seq.). The problem proceeding to general conservatorship jury trial at this stage is that if the proposed conservatee is ultimately found not to have had the contractual capacity to retain Mr.
IN THE MATTER OF LESTER G MOORE
56-2010-00387487-PR-CP-OXN
Nov 15, 2011
Ventura County, CA
Family Law
Conservatorship
Causal Document & Date Filed : Petition for Appointment of Probate Conservator, 11/30/2017 Continue general conservatorship hearing for one week to February 9, 2018, 9:00 AM, at the request of counsel. gmr
IN THE MATTER OF ROBERT PARK BLAIR
56-2017-00504592-PR-CP-OXN
Feb 02, 2018
Ventura County, CA
Family Law
Conservatorship
The temporary order shall expire on January 17, 2017, at the time of the general conservatorship hearing. gmr
IN THE MATTER OF SABINA MCDONALD
56-2016-00489265-PR-CP-OXN
Dec 06, 2016
Ventura County, CA
Family Law
Conservatorship
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