What code (number) addresses fiduciary liability for a conservator of the estate in California who wastes Conservatee's estate?

Asked 7 months ago - San Francisco, CA

If this was a knowing and willful action, and the consequences were pointed out ahead of time by the family in writing , but ignored by conservator, is the conservator financially liable for the 30,000 loss he caused? What part of which code applies? thank-you.

Attorney answers (4)

  1. Somita Basu

    Contributor Level 8


    Lawyer agrees

    Answered . The sections of the California Probate Code that applies to the duties and liabilities of the conservator are 2400 - 2410. It sounds like you may be interested in 2401.3. Please see an attorney to proceed with any legal action. This is a complex area of law and you should have someone helping you.

    This is a general information answer ONLY and does NOT create an attorney-client relationship. Without detailed... more
  2. Gregory Paul Benton

    Contributor Level 20

    Answered . Can't answer if they were liable because you didn't present any facts to show negligence or breach of duty. Just because there was a loss doesn't mean they are liable. Check Probate Code Section 1800, 2350-2595, et seq. Start with these. If there is negligence, then get an attorney to help.

  3. Roy Hadavi

    Contributor Level 5

    Answered . California Probate Code Sections 2400-2410 deal with conservator duties and liabilities.

    However, I would need more information to provide an answer to your second question.

    Good luck!

    I am licensed to practice law in California and nowhere else. I do not intend to represent anyone desiring... more
  4. Edward William Goldkuhl

    Contributor Level 4

    Answered . section 859 sets forth damages if I recall correctly, and they are severe for intentional misappropriation.

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