Legal Question in Elder Law in California

I want to be guardian of my sister. I need to replace\nthe current guardian. She is being neglectful and misusing my sister money. Can you tell me how many hours are in involved in a case like this? It would involve:\n1) New guardianship\n2) New, this time blocked conservatorship\n3) Investigation of the money missing


Asked on 7/28/09, 11:55 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If there is already someone appointed by the court as guardian, then you have to file a Petition to remove and replace with you. If there is no existing court order, then you have to file an intial Petition seeking guardianship. Either way, It would have to be supported by good cause through witness declarations, facts, etc, showing that it is necessary for the sister's protection. Part of the proceeding will be a demand for accounting of the use of the sister's assets. If misconduct is determined, the court would order a remedy and repayment, among other things.

These kind of proceedings generally will cost several thousand dollars and up. The guardian may be entitled to have those fees and costs repaid from the sister's accounts and assets because this 'is for her benefit'. If serious about doing this, feel free to contact me.

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Answered on 7/29/09, 4:33 pm


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