I placed him into assisted living facility recently,FA incapacitated due to dementia w behavior disorder & also psychosis, so he had to be placed into hospital & SNF to stabilize him w meds. Bro stating that I have not taken care of him, but he has no proof. Bro has history of physical/emotional/financial abuse of FA. Was disinherited by fa due to this. Bro received letters that his previous POA has been revoked by FA. But Bro refused to acknowledge it & continued to abuse/neglect him. Bro states that I forced him to do this. All FA estate documents were witnessed by 2 people and notarized. Bro filed for emergency and permanent conservatorship, one week ago at temp conservatorship hearing, petition was denied. My response to court is that he wants copy of all estate documents!
So can I have an attorney file a petition based on PC 17202 to dismiss their conservatorship petition as baseless and wholly merit less and reasonably unnecessary to protect the interests of the trustee (now me) and the beneficiary (my father) before the next hearing in July? Or when could that be done?
Your attorney would, within a reasonably short time from now, file an opposition to your brother's petition for conservatorship. A 17200 petition is filed in trust proceedings; it has nothing to do with a conservatorship. (If you are the successor trustee, a beneficiary has the right to file a 17200 petition against you if you are suspected of a breach of fiduciary duty.) You are your father's fiduciary; your brother is attempting to become one. Retain a qualified probate litigation attorney without delay.
I am not your attorney. Avvo and its users acknowledge that no attorney-client relationship is established by using avvo.com. Nothing published in this website constitutes actual legal advice. You should consult with an attorney of your choice who has experience in your inquired field of law. If you are in California and have questions about estate planning, I'd be happy to receive your call.
Attorney Smith is correct; you need to engage an experienced probate attorney as soon as possible to defend against your brother's actions and to protect your father.
I concur with Attorney Smith. You need a qualified and experienced probate litigator to provide assistance. You can contact the local bar association or use the Avvo Find a Lawyer Tool for a referral.
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