Legal Question in Elder Law in California

How does a conservator resign?

We are scheduled to go to court next week and have me appointed conservator for my mom who has demntia. However, my sister keeps causing problems because she needs to be in control and isn't.

If she continues to harass me and call APS frivorously, how dificult is it to resign as my mom's conservator. I don't have the strength and energy to fight her anymore. Thanks


Asked on 5/06/09, 8:54 am

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: How does a conservator resign?

Your sister may lessen her harassment once you're appointed--that seems to be the case in most instances, once she realizes the court has made its decision.

However, if you need to resign, you can petition the court to approve the resignation, and you'll be required to file your accounting within a time period set by the court. You'll probably also need to find someone else to take over and file their petition for appointment at the same time--this can be the public guardian in your county if no one else is able or willing to take your place.

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Answered on 5/06/09, 12:34 pm
Terry A. Nelson Nelson & Lawless

Re: How does a conservator resign?

You shouldn't start something you can't finish. You could apply for a 'restraining order' from the court to get her off your back. You can resign by submitting a declaration of your intent, along with a proper accounting to the court, requesting they appoint someone else. That might end up being the Public Guardian.

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Answered on 5/06/09, 4:49 pm


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