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I was granted temporary conservatorship of my mom. The hearing for the general conservatorship is next week.

Napa, CA |

I spoke with the Court Investigator and she said she cannot issue a recommendation and sees this as the family divided. She was unable to speak with my mother. My sisters took my mom out of state, even though my mom has lived in CA for the last 50 years. My mom has Alzheimer's. There is no competing petition for conservatorship on file. Can the judge deny my petition because the investigator cannot recommend one way or another? Or will my petition be granted because it is unopposed? Not sure what effect the court investigator's report will have on my petition. I filed a capacity declaration by my mom's doc saying she will be unable to attend because of medical inabilty (Alzheimer's). Any insight is appreciated.

Attorney Answers 2

  1. The investigators report is one piece for the court to consider, it is given weight, but its not the final say. In addition, sometimes the investigators get it completely wrong. It sounds like you are doing this alone. You would be well advised to have an attorney argue this who knows conservatorship law.

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  2. The judge can deny the petition for many reasons but most likely will not for an incomplete investigation.
    Since your mother won't be present and the court investigator hasn't talked to her, the judge most likely will not grant your petition.

    A likely outcome would be the appointment of counsel for your mother under probate code 1471. The matter will be continued and everyone will get to try again. (lather, rinse, repeat)