Legal Question in Wills and Trusts in California
Rights of Conservatees' Privilege with own Attorney when Conservatored
My father has a personal attorney who did work for him prior to his conservatorship. His Atty doesn't know probate law, nor did he handle any aspects of the conservatorship, because at that time a conservatorship Atty. was hired. About one year after my Dad has been conservatored, which was against his wishes, the two appointed conservators want my Dad's personal lawyer to hand over all of Dad's files. 1. In the list of conservatees' rights, it says conservatees are allowed to have lawyers. Doesn't my Dad's Atty. have a right to maintain his privilege? 2. If something had to be turned over, wouldn't it be only those items that would relate to the conservators, and worked on since his conservatorship last July, 2003? The conservators have represented to my Dad's Atty. that they are ''Dad.'' Dad retained his right to vote, and a say over his health, so his conservatorship was to manage his financial and health. There are no financial or any issues ongoing with his Atty., who hasn't done work for my father since a year ago, before the conservatorship. However, my Dad and his attorney have had conversations and they are friends. Please help. I would be grateful to hear the perspective from the professionals who handle this area.
2 Answers from Attorneys
Re: Rights of Conservatees' Privilege with own Attorney when Conservatored
Evidence Code section 952(b) provides that a conservator holds the conservatee's attorney-client privilege. If your attorney friend is concerned, I would advise him or her to petition the probate court for instructions on whether he can surrender the files to the conservator. I'm sure the court would be happy to render a decision.
Re: Rights of Conservatees' Privilege with own Attorney when Conservatored
Her father we're talking about so, go higher and attorney who is expertise in probate/conservatorships to represent your father. The last one didn't do any good thing you need somebody new with fresh ideas. He needs help immediately and from what you are saying he probably could help himself but that is a question of fact which the new attorney needs to determine. You can't get an answer that is any good over the knack as its theoretical and problematical. It depends on your father, its physical and mental status and what the ulterior motives of the two conservatories are. Must understand that the court will listen readily to the conservators. Therefore, a good fight has to be waged if a settlement cannot be we reached. Something though, must be done in immediately. Turn off your computer, get in the car and go to an appointment with the attorney say you can tell him/her all of the facts and get good solid advice for your father. If he is able to take him to the appointment.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
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