Probate Court – Other Probate Case Types Print this Page
Phone: (415) 444-7040
Email: probate@marincourt.org
Location: Civic Center, Hall of Justice, Room 113
Office Hours: 8:30am - 3:30pm




Commitments of Developmentally Challenged Persons

California Welfare and Institutions Code, starting at section 6500, sets forth the conditions under which a developmentally challenged individual may be committed to the State Department of Developmental Services for care and treatment, when found to be a danger to him or herself or others and/or incompetent to stand trial for a criminal offense.

Once the Court orders the commitment of a developmentally challenged individual, the commitment order will automatically expire after one year. If further commitment is determined to be necessary, subsequent petitions for commitment may be filed in the same manner as the original petition.

Establishment of Fact of Birth, Death or Marriage

Based on evidence presented at hearing, the Court may make findings to establish the fact of a birth, death or marriage where such event has not been officially recorded or other official documentation cannot be obtained. In addition, the Court will typically establish the date of the event and will notify, by certified copy, California Department of Public Health, Office of Vital Records.

Minor's Compromise

The Court may approve the terms of an agreement to settle a claim by a child, usually involving an injury.

Riese (Mental Capacity) Hearings

California Welfare and Institutions Code, starting at section 5332, sets forth a procedure in which a licensed physician may request a hearing to determine whether a person involuntarily committed to a mental health facility who refuses antipsychotic medication has the capacity to make rational decisions about his own medical treatment. If the hearing officer determines that the patient does not have this capacity, he may be ordered by the Court to take the prescribed medication. County Counsel files the petition on behalf of the medical provider. Because of the urgent nature of these petitions, hearings are typically scheduled at the mental health facility within 24 hours of the physician's request.



Overview

The Probate Court has jurisdiction over the following types of matters:

  • Decedent's Estate and Trusts
  • Guardianships
  • Conservatorships [including Limited Conservatorships (developmentally disabled persons) and Lanterman-Petris-Short Act (LPS) Conservatorships)]
  • Other Probate Case Types (including Commitments of Developmentally Challenged Persons; Establishment of Fact of Birth, Death or Marriage; Minor's Compromise; and Riese Hearings)
 
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