Does the Superior Court have jurisdiction to proceed with the taking of evidence as to incompetency and to make findings thereon?

California, United States of America


The following excerpt is from Vaell's Estate, In re, 158 Cal.App.2d 204, 322 P.2d 579 (Cal. App. 1958):

It is well settled that the court had jurisdiction, after due notice given, to proceed with the taking of evidence as to incompetency and to make findings thereon even though the incompetent voluntarily absented himself from the hearing. Guardianship of Walters, 37 Cal.2d 239, 243, 231 P.2d 473. As was said in Sacks v. Superior Court, 88 Cal.App.2d 808, 811, 199 P.2d 396, 398: 'Statutes enacted to protect a person against his own misguided acts or against the avarice and greed of others are conceived in the noblest of paternalistic principles for the preservation of the estate and the security of such person and for the serenity of [158 Cal.App.2d 209] society as well. If an alleged incompetent could defeat the superior court of jurisdiction by a mere refusal to respond to a citation, the misguidance of his person and the losses of his estate would fall far short of the protection and security intended by the authors of the Probate Code. The contention that the court is divested of jurisdiction by the naked act of a refusal to respond to a citation is contrary to the very purpose and spirit of the law. Such statutes do not constitute pawns to be used in strategical games of wit but are enacted for social welfare and for the protection of those who are so unfortunate as to suffer brain decadence or disorders. It is inconceivable that the legislature could have intended that the superior court should not proceed to try the petition accusing such person because the alleged incompetent is not 'produced in court."

Other Questions


Does a superior court have jurisdiction to award a judgment for less than the jurisdictional amount of the superior court? (California, United States of America)
What is the evidence supporting a finding the superior court's finding implied malice murder? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Is there any case law based on a claim that the Superior Court of Ontario Superior Court has jurisdiction to hear an action brought by a husband against his wife? (California, United States of America)
Does the Court have jurisdiction to review habeas corpus proceedings on appeal from the Superior Court? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
In a Family Law Application to the Court of Appeal, how have the courts dealt with the issue of sufficiency of evidence in support of a jurisdictional finding? (California, United States of America)
What is the evidence supporting the finding that there is insufficient evidence to support the findings of the trial court? (California, United States of America)
What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)
What is the test for establishing that a finding of unfitness is sufficient to grant jurisdiction to the superior court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.