Legal Question in Wills and Trusts in California
Sibling disagrees with nominated conservator
Do all siblings have to agree with who is the conservator? What can be done if one of the siblings disagrees with the choice? And does the conservator have to live in the home with the parent? I was under the impression that the conservator had to live in the home with conservatee. If not is there a limit on how far the person has to live in order to be considered.
Thank you very much for your thoughts.
2 Answers from Attorneys
Re: Sibling disagrees with nominated conservator
the probate court will determine who is to be conservator. if you disagree with the nomination in the petition for conservatorship, you should file an objection. for more information contact an attorney.
Re: Sibling disagrees with nominated conservator
There are two different kinds of conservators -- one for finances and the other of the person. Often, a financial conservator can be an accountant, bank, relative or friend. The conservator of the person usually is a relative or close friend. That conservator is empowered to hire someone to look after the conservatee, so he/she doesn't even need to live there. The conservator should check up frequently on the conservatee's well-being and how the assistant is working out. Yes, a court will have to appoint the conservator and there's opportunity to object, usually with the help of a lawyer.
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