Legal Question in Wills and Trusts in California

Re: conservationship

Contest the conservatorship, along with the notice, there should be a hearing. If you are the "older brother" then you probably have a greater claim to the conservatorship then your brother does. If not, you would need to have a reason why your brother should not serve as conservator.

If your mother is mentally competent (just not physically), a better option might be to have her set up a durable power of attorney. It is much less expensive, less time consuming, and she can pick the person who she wants to take care of her.

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Re: conservationship

You can contest the petition and ask the court to appoint you conservator over your mom's body or her estate or both. If mom is still mentally compentent, you can have her provide you with a durable general power of attorney and an advance healthcare agent. You will have to oppose your brother's petition. As a practical matter you will have to hire an attorney to assist you.

Re: conservationship

you need to retain an attorney to represent you if you wish to oppose either the appointment of your brother as conservator or any other aspect of the conservatorship.