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2026PRLP066698·ventura·Probate·Probate
Hearing 10 days agoThe Court intends to grant the petition for appointment subject to discussion on medical treatment powers.

IN THE MATTER OF MICAH PAUL MARSHALL

Petition for Appointment of Conservator

Hearing date
Aug 14, 2026
Department
J6
Judge
Prevailing
Moving Party

Motion type

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Parties

OtherMicah Paul Marshall

Ruling

2026PRLP066698: IN THE MATTER OF MICAH PAUL MARSHALL 08/14/2026 in Department J6 Hearing on Petition for Appointment of Conservator

Appoint PD.

Subject to the foregoing, the Court intends to grant the petition for appointment.

Discuss whether the Probate Code section 2355 medical treatment powers should be granted based on the current declaration. The capacity declaration checks “e” (for not applicable or not assessed) for most of ¶¶ 10-14. The physician states that the proposed conservatee’s mental capacity “seems difficult to fully assess.” (¶ 19.) Despite the foregoing, she concludes that the proposed conservatee lacks the capacity to consent to any form of medical treatment, stating that he “may have intellectual capability but physically will not be able to communicate directly.” Is this sufficient evidence of the proposed conservatee’s lack of mental capacity to satisfy section 2355?

1

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