Legal Standard Balance General & Temporary
- Allegations of chronic substance misuse and intermittent medical relapses.
- Concerns that quarterly trust distributions will be squandered or exploited.
- Requests conservatorship of estate and person to control disbursement & treatment.
- Burden Status: Insufficient evidentiary proof of continuous legal incompetence.
- Asserts fundamental liberty interest under California Probate Code § 1800.3(b).
- Currently housed, compliant with voluntary outpatient care, managing daily budget.
- Opposes loss of civil rights, right to contract, and medical autonomy.
- Rights Status: Viable autonomy supported by private treatment network.
- Claims petitioner bypassed spousal statutory priority and communication.
- Demonstrates mutual domestic stability and existing medical intervention plan.
- Proposes independent fiduciary or voluntary trust monitoring if oversight is warranted.
- Defense Status: Undermines necessity of involuntary court intervention.
Core Legal Principle: Substance Misuse vs. Legal Incapacity
Under California law (including recent probate safeguards enacted in AB 1663), a history of substance struggle, eccentric decision-making, or periodic relapse does not equate to legal incompetence. The court requires clear and convincing evidence that the individual cannot provide for basic physical needs or manage resources, and that no less restrictive alternative exists.
California Probate Code Statutory Burden Assessment
| Statutory Requirement | Applicable Code | Evidentiary Threshold | Current Finding |
|---|
Temporary vs. General Conservatorship Distinctions
• Temporary (§ 2250): Requires prima facie showing of immediate & imminent danger. Discharged if no immediate threat exists at hearing time.
• General (§ 1801): Requires formal trial with clear and convincing evidence. Court must make written findings explaining why less restrictive alternatives were rejected (§ 1800.3(b)).
Superior Court of California, County of Los Angeles
Probate Division • Conservatorship Threshold & Evidentiary Brief
I. Case Caption & Matter
In re: Conservatorship of the Person & Estate of Elijah Blue Allman
Petitioner: Cherilyn Sarkisian (Cher) | Objectors: Proposed Conservatee & Marieangela King
II. Statutory Standard of Review
Pursuant to Cal. Prob. Code § 1801 and § 1800.3(b), an involuntary conservatorship is an extraordinary remedy of last resort. The petitioner bears the burden of establishing continuous substantial inability by clear and convincing evidence, and the court is prohibited from granting the petition if less restrictive alternatives are available and effective.
III. Evidentiary Findings
IV. Projected Judicial Disposition
Prepared via California Probate Evidentiary Matrix • Prob. Code §§ 1800.3, 1801, 2250