Conservatorship of Jean Marie Stotts

Case Number

Case Type Conservatorship Hearing Date / Time Wed, 08/12/2026 - 09:30 Nature of Proceedings Petition for Appointment of Conservator of Estate Tentative Ruling Probate Notes: Appearances required.

The following must be submitted: Proper Proof of Service of Notice of Hearing. There is no Proof of Service showing the Conservatee received personal service of the petition and citation. 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, Sec. 1824; Conservatorship of Jones (1986) 188 CA3d 306, 309.) There is no Proof of Service of the Summons on file.

Further Briefing. Petitioner must file a Memorandum of Points and Authority showing why the Court has authority to grant a conservatorship over the estate under the current circumstances of this case. The memorandum must include discussion of Part 6 of Division 4 of the Probate Code, especially whether this Court has authority to pierce the protections of the conservatee's spouse outlined in sections 3012 and 3051, and whether a conservatorship over the estate can be justified in this case instead of using the procedures outlined in Article 3, Chapter 2 of Part 6 of Division 4 (Sec.Sec.3080 et seq.).

Petitioner should at least reference, if not discuss the principles enshrined in, and the history of Article 3 outlined in Conservatorship of Bower (2016) 247 Cal.App.4th 495, and how those principles and that history should be considered in the Court's decision in this case.