Petition to Enforce Power of Attorney
Case Number
Case Type Probate Hearing Date / Time Wed, 07/29/2026 - 09:30 Nature of Proceedings Petition to Enforce Power of Attorney Tentative Ruling Probate Notes: Appearances required. The following is noted for the Court at the hearing: Defective Service. Petitions to Enforce Power of Attorney must be served on the third party via personal service. Probate Code section 4544(b) states: In the case of a petition to compel a third person to honor the authority of an attorney-in-fact, notice of the time
and place of the hearing, together with a copy of the petition, shall be served on the third person in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Section 413.10 is the section requiring personal service of a summons. (See also CCP, Sec. 415.10.) Improper Caption. The Caption of this case is improper, because the caption does not reflect the real party in interest. (CCP, Sec.367 ["Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute."].) Please amend the petition and proposed order to reflect the caption of the case as "In re: Matter of May Romek".
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”