Legal Question in Wills and Trusts in California

Is there a law in CA that makes it absolutely necessary to conserve an elderly person, with or without dementia? If a person is being taken care of by a loved one, and they are doing a great job of it, why is the legal system insisting she be conserved?


Asked on 1/05/13, 10:30 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

California law does not require a conservatorship for an elderly person in all cases.

I cannot tell you why anyone would file a petition for a conservatorship in your case. You would need to speak to an attorney in your area for assistance and advice.

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Answered on 1/06/13, 1:08 am
Chris Johnson Christopher B. Johnson, Attorney at Law

It may be necessary if the elderly person doesn't have capacity to make legal or health decisions and there are no powers of attorney in place. It can also happen when people disagree about how the person should be cared for. If there are powers of attorney, and the court is not aware of them, it should be brought to the court's attention. Also, if the person's current care is good, the conservatorship (if necessary) can keep that care.

You should speak with an attorney to find out what your options are--at the very least, it sounds like you may want to file an objection to the conservatorship petition.

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Answered on 1/07/13, 8:57 pm


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