Conservatorship of Moore

In Conservatorship of Moore (1986) 185 Cal. App. 3d 718, the conservatee received notice of the hearing on reestablishment of his conservatorship and his attorney represented to the court that the conservatee did not oppose reestablishment and did not seek a hearing. In upholding the constitutionality of the scheme that allowed the hearing to proceed ex parte, Moore noted that the procedures "allowed Moore to avoid a potentially uncomfortable and disruptive court appearance which, in light of his nonopposition to reestablishment, would have likely been brief and pro forma." ( Id. 185 Cal.App.3d at p. 730.) Clearly, there can be a dignity interest in choosing to avoid an unwanted court appearance. It does not follow, however, that precluding a hearing (or other input into the decision) serves a dignity interest. Moreover, nothing in Moore condones forgoing notice to the conservatee. To the contrary, Moore recognized notice as " 'an elementary and fundamental requirement of due process.' " ( Id. at p. 725.)