Judge: Mark H. Epstein, Case: 23SMCP00028, Date: 2023-04-25 Tentative Ruling

Case Number: 23SMCP00028    Hearing Date: April 25, 2023    Dept: R

In the last go-round, the court asked for some evidence that D.C. would have enough money to take care of his medical needs going forward.  The court was concerned because D.C. has apparently been cashing in the structured settlement that was set up (as the court understands it) to ensure that D.C.’s medical needs as a result of the underlying lawsuit would be met.

The parties have provided the court with no such information.  As a result, the petition is DENIED WITHOUT PREJUDICE.

The fact is that the court has some duty to ensure that the request is appropriate.  That means, at a minimum, that the court needs to have reason to believe that D.C., now an adult, is able to make his own decisions and that the medical issues that gave rise to the structured settlement will not essentially be unavailable to D.C. as a result of this petition.  At the same time, assuming D.C. is a competent adult, the court’s job is not to become a quasi-conservator.  The court was concerned enough to ask for information last time.  The court is more concerned now than it was then because, having made the request, the request was ignored.