courtseal

Superior Court of California
County of El Dorado

Mission: To preserve and enhance the rule of law in El Dorado County by providing all persons a fair, efficient, and accessible forum for resolving disputes, protecting public safety, and righting wrongs.

  

 Tentative Rulings: | Placerville 1 || Placerville 2 | SLT 3 | SLT 4 | Placerville 6 | Cameron Park 9 |
 

1.       CONSERVATORSHIP OF WILSON  PP-20060207

Review Hearing.

     At the hearing on April 26, 2007 the court waived the accounting requirement on the ground that the conservatorship estate qualified as a small estate.

     The court notes that the co-conservators’ counsel of record was not mailed notice of this hearing. The matter is continued to 1:30 p.m. on Thursday, May 22, 2008 in Department Nine.

TENTATIVE RULING # 1: THIS MATTER IS CONTINUED TO 1:30 P.M. ON THURSDAY, MAY 22, 2008 IN DEPARTMENT NINE. COUNSEL FOR THE CO-CONSERVATORS IS TO BE MAILED NOTICE.

 

2.       CONSERVATORSHIP OF AIKENS  PP-933219

Review Hearing.

     A limited conservatorship of the person was first established on January 24, 1994. The court had concerns about the services that the conservatee received at her current placement. The court has been informed that the conservatee’s Medi-Cal benefits have been reinstated and that the current placement was being reviewed. The court continued the hearing from April 3, 2008 to allow an opportunity for the conservator to review the placement.

TENTATIVE RULING # 2: APPEARANCES ARE REQUIRED AT 1:30 P.M. ON THURSDAY, MAY 1, 2008 IN DEPARTMENT NINE.

 

4.   CONSERVATORSHIP OF DAVIDSON  PP-20010131

1st and Final Account and Report of Conservator.

     There are no original invoices or billing statements from the board and care facility in the court’s file. Such original statements are statutorily mandated. (Probate Code, § 2620(c)(5).)

      The Account states that the conservator deposited $7,835 of his personal funds in the estate’s accounts and withdrew $14,882.47, leaving $7,047.47 of estate funds withdrawn without court authorization. The conservator contends he is entitled to $1,320 in compensation for taking care of the conservatee’s financial affairs and $1,380 in mileage for attending to the conservatee’s affairs, which amounts to $2,700. It is further contended that by having the conservatee reside in the conservator’s home for approximately four months, the conservatee saved $20,400 in board and care expenses. The problem with that argument is that reasonable compensation for a conservatee residing in a relative’s home does not necessarily equate to the amount charged by a board and care facility, particularly where there is no declaration attesting to the residential care services the conservator provided during the four months the conservatee resided in his home.

TENTATIVE RULING # 4: APPEARANCES ARE REQUIRED AT 8:30 A.M. ON FRIDAY, MAY 1, 2008 IN DEPARTMENT NINE.