Legal Question in Wills and Trusts in California

conservatorship termination
want to terminate conservatorship of my 23 yr. old fiance who acquired brain damage (anoxic encephalopathgy) during routine CT-scan. Made miraculous recovery but has severe short-term memory loss, remains paralyzed from neck down and has Dysphasia (difficulty talking) but can with effort but mostly one-word sentences.
Previous M.D. stated in Capacity Declaration that she was unable to communicate and never would, among a host of other totaslly false statements. She extubated herself and is now vocal.She can read, do math and crossword puzzles, has a sense of humor and more. She is very much her old self. She wants desperately to come home to me (or be near as possible).
She was adopted at age 4 yet she is under the conservatorship of her estranged (natural)uncle,because I didn't formally dispute it at the time. She is 70 miles away from where we lived, tucked away in the very last room of a covalescence home; receiving no therapy or visitors (except for me) and is very depressed.Her Uncle will leave her there for the rest of her life.
My brother, an M.D., agrees that she is competent and so do her nurses but she has no phone in room and couldn't use one if she did. Can anyone help?

Asked on 12/19/02, 7:57 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

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Re: conservatorship termination

Anyone can petition the court to re-visit the conservatorship issue, so you can certainly do this, based on a new declaration from doctors familiar with her. If she is able to communicate her wishes regarding the conservatorship, this will make a difference as well. See a conservatorship attorney about petitioning the court for a change.

Answered on 12/19/02, 8:53 pm

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Mina Sirkin Sirkin & Sirkin

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Re: conservatorship termination

Have a new physician examine her (not your brother), have him prepare a new declaration re her capacity, etc., Submit a copy of the new physician's declaration to the Court Investigator; Get an attorney to file a petition for termination.

Mina Sirkin

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Answered on 12/20/02, 2:30 am

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