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

Asked over 2 years ago - Sacramento, CA

I have recently come into knowledge that my siblings have filed legal claims to take over power of attorney and Conservatorship for my elderly mother who suffers from dementia and Alzheimer’s. Both are acting in their own self-interest and these legal actions are taking place without my involvement and my knowledge of them is purely be accident. Is it legal that these actions are taking place without involvement of all my mothers’ children and is there a way to ensure that I am notified and prevent either of them proceeding without my involvement?

Attorney answers (2)

  1. Justin Bradford Snell

    Contributor Level 2

    Answered . 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.

  2. Paula Brown Sinclair

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

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