Ex Parte Order Re Completion of Capacity Declaration—HIPAA

Judicial Council of California · Probate

Verified current as of July 31, 2026

This form allows a judge to order that a capacity declaration be completed without the other party being present, which is used in situations where someone's mental or physical ability to manage their affairs needs to be documented quickly. Conservators, family members, or healthcare providers use this form when they need to establish incapacity for conservatorship proceedings or healthcare decisions and want to proceed without notifying the other party due to urgency or HIPAA privacy concerns.