Conservatorship of Miller

Another alternative is for the court to authorize the purchase of "a single-premium deferred annuity." (Prob. Code Sec.3611(b).)

A "Single-Premium Deferred Annuity," in this context, is defined by statute. Probate Code Sec.1446 provides: "'Single-premium deferred annuity' means an annuity offered by an admitted life insurer for the payment of a one-time lump-sum premium and for which the insurer neither assesses any initial charges or administrative fees against the premium paid nor exacts or assesses any penalty for withdrawal of any funds by the annuitant after a period of five years."

While Section 1446 does not specify that the annuitant has access to the funds at the age of 18, the practical effect is not significantly different. It is seldom financially advantageous to purchase an annuity if the payout is fewer than five years away, making annuities generally a less desirable alternative for a minor over the age of 13. The result would be that the minor has full access to those funds at age 18.

Furthermore, the annuity allowed under Section 3611(b) is far less restrictive than the typical structured settlement annuity (SSA). The SSA simply does not allow the annuitant access to the funds except as allowed by the structure imposed in the annuity contract. That's the situation that leads to television commercials showing people yelling "It's my money, and I want it NOW." The danger of a young adult selling a structured annuity for pennies on the dollar is substantial, because that young adult's parents or guardian ad litem decided years ago to restrict the annuitant's access to their own money.

Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 161 956 1423 Passcode: 137305

Tentative Ruling: Conservatorship of Miller Tentative Ruling: Conservatorship of Miller Case Number

Case Type Limited Conservatorship - Person Hearing Date / Time Wed, 05/27/2026 - 09:30 Nature of Proceedings Conservatorship Compliance Hearing Tentative Ruling Appearances required.

The following must be submitted: Proof of service of Notice of Conservatee's Rights on Ryan Miller, who is entitled to service as the conservatee's parent as well as the co-conservator of the conservatee's person. As Ryan Miller did not join in this petition, notice cannot be excused or presumed. (See Prob. Code, Sec. 1201.)

There is no proof that this care plan was served on the conservatee's attorney (the Public Defender) or co-conservator Ryan Miller. Both are entitled to notice. (Prob. Code, Sec. 2351.2 (a)(2)(A).)

The court intends to order that service be accomplished as outlined above with proofs of service filed at least 30 days prior to the next review hearing on September 23, 2026, unless Ryan Miller and an attorney from the Public Defender's Office appears and acknowledges service.

Tentative Ruling: Estate of Edward Valencia Tentative Ruling: Estate of Edward Valencia Case Number