Legal Question in Civil Litigation in California
conservatorship for apparently lucid bus owner
Elderly (70+ year old) sole owner of small 5million profitable company has over several months become obsessed (as in a gambling addiction) with repeatedly participating as a victim of foreign based scams and using company working capital as a loose cannon to do so (regularly draining company checking account as a personal piggy bank without prior notice or consideration and in substantial amounts, pulling rug out of funding payrolls and other urgent mandatory expenditures), taking the company to the brink of ruin (I�m the Controller). He�s otherwise quite lucid and persuasive in general but the pattern of bizarre factual behaviors contradicts his competence facade. His withdrawals this year have been obscene for a company this size, app $700k (and with nothing to show for that). To save this company, owner�s access to the company cash account must be taken away immediately and supervised by a court so the company�s present course of implosion can be arrested. He has no family and time is of the essence. Is there a way to obtain any type of helpful judicial order quickly? Who can initiate such a process that should incur costs for the owner (& his wrath), without his permission? Any input is appreciated.
3 Answers from Attorneys
Re: conservatorship for apparently lucid bus owner
Anybody can apply for conservatorship over him, you included. The court looks to see IF one is necessary, and then determines whether the applicant is qualified and appropriate. Without family, then friends and acquaintances would be considered. You've got to consider what evidence you'd be able to submit to the court to convince the judge to protect this man from himself. This is a tough situation, but if you're serious about doing so, feel free to contact me, if the case is in SoCAL.
Re: conservatorship for apparently lucid bus owner
Constructive trust may be another way to go, but I would like to discuss a few other possibilities.
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Re: conservatorship for apparently lucid bus owner
If he really has no family, you might want to retain legal counsel to apply for you to become his temporary conservator right away if only for the benefit of the company's employees and business relationships. If you are successful in becoming his temporary conservator, your costs wil be ordered paid by the conservatorship estate. But maybe someone else will come out of the woodwork claiming to be a long-lost relative.
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