PERSON TO BE A CONSERVATOR APPOINTED FROM THE COURT ( SO CALLED PROBATE COURT ) FOR TEMPORARY SERVICES OF THE PERSON - THE DIPLOMA ( DURABLE MEDICAL POWER OF ATTORNEY HOLDER ) WAS MISS INFORMED OF - IMPERSONATORS ACTIONS AND SOON THEY BECAME VICTIM OF A UNJUSTIFIED GROUP OF - ESTATE - AND - LIFE THIEVES , HOW COULD THE COURT APPOINT THIS PERSON IN WITHOUT CHECKING THEM OUT FIRST , ? HOW DOES THIS HAPPEN ?
California law provides that a Private Professional Conservator (A person not related by blood or marriage or an entity appointed as conservator of two or more conservatees) must be licensed by the State Board of Licensing, effective July 1, 2008. (Prob. Code §2340, et seq.) I assume that the conservator appointed in the case that you reference was a Professional Conservator and was licensed.
In addition California law provides for Surety Bonds protect the estate of the conservatee from losses in the event of mishandling by the conservator. If a bond is required, the court will determine the appropriate amount in the order appointing probate conservator. Bond must be filed prior to the issuance of letters. In cases where there are multiple conservators, there may be separate bonds for each. (Prob. Code §2300, 2320).
In short Private Professional Conservators must be licensed and must post bond. This is the manner (including others) that the Courts of our state protect the conservatee.
This is a general answer only and you should seek the advice of counsel to address facts specific to your circumstances.
2 lawyers agree
Wills and Living Wills Lawyer
If I understand your question, your concern deals with a private fiduciary. If so, professional fiduciaries must be licensed and a bond may be required if so ordered by the Court. You don't state your relationship to the conservatee, which would be helpful, but in many situations a Court Appointed Attorney is appointed by the Court to represent the interests of the incapacitated person. If one were appointed you may wish to contact that individual and let them know your concerns.
No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly for a more complete response.