Legal Question in Elder Law in California

Ultimately the judge decides disputed issues and it can be costly litigating what you believe is a straightforward issue concerning your mother's needs. Are you the conservator? If not, then it is really up to the Conservator to advocate for the extra level of care, which may require amending the Letters of Conservatorship to include dementia care.

As for the PD, he is assigned to represent your mother's interests. You are not entitled to invade that attorney-client relationship and you are not entitled to his attorney-client communications or work product.

The conservator, and no one else, can provide input and requests to the PD or a hired attorney.

No, the PD does not 'cause' cases to go to trial. Quite the reverse, they, like all good defense attorneys, try to settle and plea bargain them reasonably. Cases only go to trial as a last resort when one side or the other are being totally unreasonable in their expectations and demands. Plea bargains offer reduced penalties by definition, whereas a case lost at trial will result in the defendant being sentenced to the full term under the statutes.

Sounds like you should be hiring a private attorney rather than fighting with, and depending upon, a PD that probably has a couple dozen cases on calendar each day, with no time to give individual attention to any. If the family can't afford that, then deal as best you can with the PD.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.