Legal Question in Wills and Trusts in California

conservatorhsip

Can one sister who has conservatorship over their mother stop another from visiting their mother


Asked on 6/23/09, 12:13 pm

1 Answer from Attorneys

Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: conservatorhsip

The conservator (of the person, estate, or both), is responsible to the court. The court can examine everything the conservator does as a conservator. Your mother, as the conservatee, does not lose all her rights. She has the right to be treated with understanding and respect, have her wishes considered, and be well cared for by the conservator. In general and among other things, unless a judge gives some right to a conservator, conservatees keep the right to:

1. Make/change a will;

2. Get married;

3. Get mail and have visitors;

4. Have a lawyer;

5. Ask a judge to change conservators; and

6. Control personal spending money if a judge says they can have an allowance.

That said, if your mother wants to see you and you pose no threat, the conservator may be acting improperly in telling you that you cannot visit your mother. How you might best proceed depends on all the facts. Feel free to call me directly to discuss.

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Answered on 6/23/09, 12:42 pm


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