Legal Question in Elder Law in California

conservatorship or guardian ad litem

My ex-husband is involved in a law suit and his lawyer wants to assign conservatorship to our 21 year old daughter in order to prevent him from testifying. His girlfriend spoke with another lawyer who told her they were trying to kill a fly with a shotgun. Said what they needed was a guardian ad litem. My daughter is going to medical school so she doesn't have much free time and conservatorship requires quite a bit of work. My ex is not incompetent, just a little forgetful at times. Regardless, they do not want him to testify. Is there some kind of minimal conservatorship or something like that to guarantee he would not have to testify?


Asked on 7/23/05, 11:08 pm

1 Answer from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: conservatorship or guardian ad litem

as a trial attorney for over 30 years this is a noval method to stop or attempt a person from testifiny -- why shoudn't he testify unless he has knowledge of facts adverse to your case -- in any event first the question is he in a mental state to qualify for a guardian or conservator ship and if so that automatically does not preclud him from testifying -- i don't want to bust your bubble but its up to the trial judge to determine if he is qualified to testify and having sat pro tem as a judge in court i have seen numbers of people testify who i personally thaought needed to have a conservator -- it will be how much weight will be given to his testimony -- i may be wrong but your qusestion is soooooo nebulous and devoid of facts no attorney can give you an answer that is guaranteeed correct

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Answered on 7/26/05, 9:15 am


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