Legal Question in Wills and Trusts in California

Re: Probate Conservatorship

Are you her closest living relative? Contact me directly.

Re: Probate Conservatorship

KGO radio in San Francisco has a law call in program host named Len Tillan, who also has a web site on their master web site, who does elder law and could give you a better answer. You can not ilmlpose a lien without having a judgment first, if she is mentally ill she can not appoint someone to take care of her or give them a power of attorney. There is a public guardian who takes care of some elder, mentally ill people.

Good luck.

Re: Probate Conservatorship

I concur with Attorney Viravan, you will need to start a proceeding to be named conservator of her estate. Although it is to your benefit if you are her closest living relative, as stated by co-counsel, it is not required, especially if no one else is stepping in to assist her.

I am uncetain why you would want to impose a lein on her estate, but that is for Judgment Creditors and not something that just anyone can do.

You do not necessarily NEED an attorney to do all of this, but it certainly would be easier on you, especially since obtaining a Conservatorship can be a complicated matter.

Once the Conservatorship is obtained, the Conservator would then have the power over her finances as well as her medical affairs.

Many of these issues are not something that should be discussed in a public forum.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Re: Probate Conservatorship

A Probate Conservatorship is designed to protect people who is mentally deficient and cannot handle their own medical and/or financial affairs. From what you indicate, it appears that your aunt is such a person.

You can bring a petition to appoint a conservator. If appointed, the attorney's fees would be payable by your aunt's estate. If contested and someone else is appointed, you could be held responsible for the attorney's fees. Thus, talk to your aunt and the family first to feel out their position on you serving as Conservator (i.e., Is your aunt agreeable to you serving? Do they think you are a good niece trying to help your aunt? Or, do they think you are trying to get your aunt's money?).

If no family member is willing to step up as your aunt's conservator, then a referral to the Public Guardian would be appropriate.