Q: Alternative Proof of Service
The judge in our case did authorize and ordered alternative methods by mailing and substitute postings by the petitioner, my attorney and Public Guardian again all failed. The TRO person did attend the hearing by phone but refused to provide any information as to the whereabouts of my dad, obviously the judge was livid and ordered her to attend another hearing in 2 days and present my dad. He stated if she ignores the order she could be arrested, imprisoned, and or fined. She ignored the order and once again her sister appeared via phone. The judge was beside himself and that’s when he adjourned for lunch. When he came back he took time during lunch to search for a law that would allow him to proceed with an order without personal service, he strongly suggested to the Public Guardian attorney to make a legal argument using 15610.43A or 15657.03 for isolation. My question is, is there a law that allows for special circumstances for non service on a conservatee?
A:
Under California law, courts typically require that parties in a case are properly served with legal documents to ensure they are aware of the proceedings and can participate in their defense. However, there are instances where alternative methods of service may be authorized by a court, especially when conventional methods have failed, and the court deems it necessary to proceed in the interest of justice or to protect the parties involved.
In cases involving conservatees, where there might be challenges in serving documents due to issues like isolation or the inability to locate the individual, the court may consider alternative methods of service. Sections 15610.43A and 15657.03, as mentioned, relate to elder abuse and the concept of isolation, suggesting that the law takes special considerations into account to protect the rights and well-being of elders and dependent adults. These provisions imply that the court can exercise discretion under certain circumstances to ensure that justice is served while also safeguarding the vulnerable.
If a judge finds that all reasonable efforts have been made to serve the conservatee and those efforts have been unsuccessful, they may authorize alternative methods of service. This could include posting notices in specific locations, publication in newspapers, or any other method the court finds likely to notify the party involved. It is important for legal arguments to be carefully presented to persuade the court to utilize these alternative methods, especially in situations where the well-being of a conservatee is at risk due to isolation or other forms of potential abuse.
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