Legal Question in Wills and Trusts in California
Father's Rights After Conservatored & How He Can Stop Unfair Attempts to Undue H
My Dad was conservatored in 2003. Past year, my siblings have been trying to undue a decision he made to transfer some property to me when Trustee of his own Trust, prior to his conservatorship. My Dad's successor trustee filed the suit against me. We are in settlement discussions right now, which would require me to pay more money into the Trust, and finally end this suit. My Dad learned of the suit and told me it was his ''privilege'' to give me the property as a gift. He said I should not have to pay back anything, he can't understand why there's any action against me. I do have counsel for myself, but I�m writing to you because I want to understand further what my Dad's rights are. Can't he contact his court appt'ed atty & state he wants to amend his Trust to include this gift?Would it be called a substituted judgment, since he's conservatored? A conservatee is allowed to amend their will. Is my Dad powerless to stop them, he wants to help & asked me what to do. I said tell conservator he�s opposed to this action. Conservator feels Dad's memory is poor at times to listen to him, but my Dad also can be very sharp and was adamant that I don't owe anything. The advice I�m asking for is, how can my Dad have any SAY in this matter?
1 Answer from Attorneys
Re: Father's Rights After Conservatored & How He Can Stop Unfair Attempts to Und
Unfortunately, you father doesn't have much of a say anymore; the conservatorship stripped him of that right. If he thinks the decision was mistaken (sometimes they are), he can find an attorney and try to cancel the conservatorship. The problem, of course, is that he no longer has legal capacity to sign a contract so it may be very difficult to find an attorney willing to take up the fight.
There is a process known as substituted judgment and any interested party can petition the court to have a new estate plan adopted. All interested parties are entitled to notice of the petition and have the right to object. Even without objection, the court still makes the final decision on whether or not to adopt a new estate plan.
Review this matter more closely with your attorney.
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