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Petition for Appointment of Conservatorship - Independent Powers under Cal. Prob. 2590. Can I add powers to the Order?

San Jose, CA |

I filed a petition for appoitment of conservatorship seeking to be conservator of my sister who is handicapped. In my petition I requested independent powers, but forgot to request the power to employ attorneys, accountants and to pay the expense (& there is a need to use these professionals in the near future). My brother contested my petition and filed a competing petition. It was a long battle & we recently agreed to a settle whereby my bro agreed to me being conservator. I am now filling out the Order for Appointment of Conservator and want to add in the extra power of employing attorneys & accountants and to pay the expense in the Order and attachment to the Letters - but I did not request these powers in my original petition. How to handle? Can I just add it in the Order?

Attorney Answers 3

  1. you cannot add it to the order. Please consult your attorney re this. There may be language in the Order that refers to CA statutes that would include this. If not, he or she will advise you on how to proceed.

  2. If you've settled the matter with your brother, perhaps you could draft a stipulation allowing you to get modified orders.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  3. Your best approach is to discuss this matter with an estate planning attorney who handled this to begin with and see what options you might have at your disposal.

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