Are you thinking of conserving a parent or a loved one in Glendale, California or filing a petition for conservatorship? The success of a Conservatorship Petition depends on many factors when you are in court.
Here is a list of factors that the Probate Court will consider when a Petition for Conservatorship is filed:
- The Capacity Declaration contents. Judges will review the Capacity Declaration to determine if the examining doctor or physician finds enough indicators of incapacity of the proposed conservaatee. This document is important if the case does not go to trial.
- The contents of the Petition for Conservatorship (also called the Conservatorship Petition). The Court looks for facts that substantiate what the Proposed Conservatee cannot do for himself or herself.
- Testimony from family members and friends.
- Testimony from a physician who is an expert witness regarding the capacity of the conservatee, if the case goes to trial. This testimony replaces the Capacity Declaration at trial because there are many times when there are objections to the Conservatorship Petition.
What happens if a Petition for Conservatorship is opposed or objected to by someone in court?
Lets say you have received a copy of a Petition for Appointment of a Probate Conservator and a Notice of Hearing. As a child or a family member of the person who is named as a proposed conservatee, you have the right to object to the court appointing someone who is named as the proposed conservator in the petition.
Timing is everything in conservatorships. If you want to file objections to a conservatorship in Los Angeles, you have to comply with deadlines set by the Court regarding filing responsive pleadings, which then creates a conservatorship lawsuit. If you agree with the Petition, you may choose to do nothing. If you disagree or believe there is a better option, with the Petition, you should immediately hire counsel to appear in court and any necessary documentation including the objection to the petition on a pleading for you on a timely basis, before the hearing.
DO YOU QUALIFY TO OBJECT TO A CONSERVATORSHIP?
In California, any interested person, a family member, or even a friend or a neighbor file an objection to the appointment of a Conservator. The court then appoints a CAC (Court-appointed attorney) in Los Angeles County to advocate for the Conservatee’s wishes. Spouses are given a priority when filing a conservatorship unless they are involved in a divorce proceeding against the proposed conservatee.
First, the Proposed Conservatee can object to the Conservatorship, and does not even have to file anything in court. An oral objection may be made by the Proposed Conservatee by his or her court-appointed attorney as counsel who will report to the court as to why his/her client should not be conserved.
Most often, Objections to Conservatorship are filed by one or more children of the Conservatee who do not agree with the appointment of the person who seeks the Conservatorship.
PROCEDURE TO OBJECT TO A CONSERVATORSHIP PETITION?
As a family member or friend, you are required to file a written objection in court and pay a filing fee to have it heard on the date of the hearing for the Petition for Conservatorship. Your objection has to be verified under penalty of perjury, staying the reasons the Court should not grant the Petition.
WHEN SHOULD YOU OBJECT TO A CONSERVATORSHIP?
Time is of the essence. If you are late to the game, you tend to lose. If you believe any of the following, you should get legal advice from an experienced attorney regarding filing an objection, which should be done before the date of the hearing:
- You believe the Proposed Conservatee is competent; or
- You believe the person who has filed to become the Conservator is not suitable;
- You believe the person who has filed to become the Conservator has engaged in elder abuse or does not have the best interest of the Conservatee at heart;
- You believe a lesser restrictive alternative exists to the Conservatorship.
WHAT ARE THE COURT FILING FEES TO OBJECT TO A CONSERVATORSHIP?
In Los Angeles Superior Court (Probate Court), the filing fee for an Objection to a Petition for Appointment of a Probate Conservatorship is $465.00 for 2019.
ADDITIONAL STEPS TO TAKE WHEN YOU OBJECT TO A CONSERVATORSHIP?
Before you file an objection, you must review the will or trust of the conservatee to make sure you are not triggering a no-contest clause by accident. When you object to a Conservatorship, you are not quite done. If you believe that someone else is more suitable to be the Conservator, then you must file a competing Petition for Appointment of Probate Conservator. That has a separate filing fee and if it involves the money of the conservator, then you also must also pay for a probate court investigator’s fee when you file. That costs $650.
WHAT HAPPENS NEXT AFTER A CONSERVATORSHIP OBJECTION?
After you have filed your objection, the court will hear the matter and ask whether any discovery time is needed. Once discovery is completed, the court will set a hearing called a trial setting conference where a date is then selected for trial.
DO CONSERVATORSHIP CHALLENGES RESOLVE CONSERVATORSHIP CASES QUICKLY?
If the parties are agreeable, try mediation in conservatorship cases first. Once you have mediated the case, options may become more evident as to why the best course of action would be as in the best interest of the Conservatee.
WHY HIRE US?
Mina Sirkin is a Certified Specialist Attorney in Probate, Estate Planning and Trust Law in Glendale Ca, Los Angeles County, California. She has over 27 years of experience in Glendale Conservatorships and cases involving contested petitions to conservatorship objections in the Los Angeles Superior Court – Probate Court. Do you have questions about a Conservatorship Petition in Glendale? Read more about about our credentials here: Los Angeles Conservatorship Attorney.
Our law offices in Woodland Hills, Los Angeles, Glendale and Pasadena handle all matters relating to conservatorships and objections to conservatorships, as well as competing petitions. Call us at 818.340.4479 when you need help with objections to conservatorship in Los Angeles County. Call for a free consultation regarding conservatorships in Los Angeles.
OBJECTIONS TO PETITION TO CONSERVATORSHIP GLENDALE