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How does a judge pick the conservatorship of someone? What is he looking for in the person,???

Lancaster, CA |

Is he looking for an honest person, to do a good job, or is he looking to appoint a court or state appointed person.?

Attorney Answers 3

Posted

A judge's determination of who to appoint as conservator depends on a wide variety of circumstances. Is there an honest family member who is available to serve in this role? Does this family member have the skill-set necessary to make difficult decisions and manage day-to-day issues? Do the other family members have any objection to this person serving as conservator?

If there is no family member has the appropriate skills and background to serve as conservator or if there is any family disharmony, then the judge is likely to appoint an independent third party to act in this role.

For further information, please consult an experienced attorney. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship.

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Posted

If there is a family member they will usually be appointed. The court should not be looking to appoint a state paid conservator.

Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.

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Posted

Conservators are appointed by petition to the Court. There are usually forms available at the Clerk's office. Notice is given to family members to the second degree and to the proposed Conservatee. A probate investigator, who is a county employee, will also interview the proposed Conservatee and may also contact family members for input. The Judge will review all of the documentation,may want to speak with the Conservatee, any reports filed by the Investigator (and sometimes Adult Protective Services), any objections that may have been filed by others, and makes the decision from this evidence. You should be aware that if the proposed Conservatee objects, some Judges will schedule a trial. The proposed Conservatee is entitled to a jury trial, although in my experience this doesn't happen much.

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