Can adult children file for Conservatorship without consent of all siblings?

Attorney answers (2)

1. Licensed in CA

   

   Justin Snell

   Newport Beach Estate Planning Attorney

   Contributor Level 2

   Answered February 16, 2012 16:29. Typically during process the court investigator will contact other family members. If your mother had an Advanced Healthcare Directive, she may have nominated a conservator in that document. However, the court can make its own determination based on the best interests of the conservatee.

   • Mark as helpful
   • Flag
2. 

   Paula Sinclair

   Twin Falls Social Security Lawyers

   Contributor Level 20

   1

   Lawyer agrees

   Answered February 11, 2012 08:18. In most states notice requirements for a conservatorship are statutory, and may not extend to children. A court will order a conservatorship with the consent of nobody if the circumstances of the ward evidence a need for conservatorship protection. If you have found the conservatorship and enough is at stake, you would be best served by retaining experienced family law counsel that practices in the court that ordered the conservatorship. Typically, an inventory and periodic accountings are required and notice of these filings can be demanded. Also, an independent attorney may have been appointed to represent your mother, and the identity of that person can be learned from the court clerk where the conservatorshp is ordered. Contacting that attorney might be helpful.
   
   Best wishes for a favorable outcome, and please remember to designate a best answer.

   This answer is offered as a public service for general information only and may not be relied upon as legal advice.

   • Mark as helpful
   • Flag