O'BRIEN

We hold that an ex parte, lawful, and extant order appointing a temporary conservator of the estate of the conservatee constitutes an adjudication that the conservatee lacks the capacity to give away his or her real property.

Michael O’Brien appeals from the judgment entered following a court trial. The trial court found that a gift deed from octogenarian Nadine Gamelin, O’Brien’s mother, to Jack and Susan Dudenhoeffer was valid. The deed was executed after O’Brien was made temporary conservator of Gamelin’s person and estate. The trial court found, inter alia, that Probate Code section 1872 did not apply to temporary conservatees. We reverse.

On May 17, 1989, O’Brien, Gamelin’s only child, filed petitions for appointment as the temporary and permanent conservator over the person and estate of his mother who was 87 years old. The supporting documents contained in the superior court conservatorship file (case No. 176931), of which we take judicial notice as did the trial court, show the following: On May 6,1989, Mrs. Gamelin was found unconscious in her mobilehome. The home was filthy and had no plumbing, water, stove or heating. A medical doctor opined that she was…