serving notice for probate conservatorship

Ok notice of hearing is one of those red tape things that can slow down hearings but is key for a fair conservatorship hearing. Without proper notice, the conservatee is placed at an unfair disadvantage as they may not be privy to such proceedings or the reasons as to the conservatorship petition.

This caused a great deal of contention during the last set of probate conservatorship hearings that I sat. There were four hearings in a row where proceedings were continued due to lack of proper notice. One of the conservators sat there arguing with the judge why due process needed to be served before the letters and orders could be issued.. The judge reminded her that this was a hearing that would potentially take away the conservatee's rights. The right to vote, make medical decisions, consent, make educational decisions, and right to marry. These are all civil liberties protected by the constitution. The court at all times strives to protect these inherent rights and any imposition on these rights should be treated seriously. 

The conservator argued that the conservatorship should be granted without due process. The judge argued that the conservatee and relatives needed to be served with copies of the petition and notice of hearing so if any one had an objection or issue that they would like to present to the court, then they would have an opportunity. By not serving notice, the conservatee would have had their right to due process violated. The conservator argued some more but the judge remained firm and continued the hearing for another 4 weeks. She was mad but the judge was right and following the law.

This brings up a great point that even though you as a conservator may know why or why not the conservatee needs to be conserved, the court and the conservatee may not know why you are trying to obtain a conservatorship. This also gives a chance for the conservatee to prepare points as to why they should not be conserved. Also remember that a third party should be the one to serve notice, not yourself.