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Must a conservator file a petition to set aside DPOA (financial) in California?

San Diego, CA |
Filed under: Probate

Mom has a conservator of estate (prof. fiduciary). I am conservator of person and DPOA for finance and health. In Calif. is a petition (court order) to set aside DPOA responsibility required to nullify the DPOA status during the conservator ship?

Attorney Answers 1


An order of the Court is necessary. This can come from within another action or petition by a Conservator - it does not require a separate petition - but it does not happen automatically. If not removed, you remain her agent under her durable power of attorney. You need to get representation to advise you both as to your duties as conservator of the person and after verifying the status of the DPA - advise you as to your powers and responsibilities. If your power of attorney remains effective, It is usually best to try to coordinate management of your mother and her assets with the professional fiduciary.

Best wishes -- Joel S. Weissler

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