OBJECTIONS TO CONSERVATORSHIPS IN LOS ANGELES
If you have received a copy of a Petition for Appointment of a Probate Conservator and a Notice of Hearing in the mail, chances are that you are a child or a family member of the person who is named as a proposed conservatee. If you agree with the Petition, you may choose to do nothing. If you disagree with the Petition, you should hire counsel to help you appear in court and to file the right paperwork for you on a timely basis, before the hearing.
WHO CAN OBJECT TO A CONSERVATORSHIP?
To decide whether to file a conservatorship objection, first you should see if you are a person who has standing to object. In California, any interested person, a family member, or even a friend or a neighbor may file objections to appointment of a Conservator. The court then appoints a PVP attorney in Los Angeles County to report to the court as to the Proposed Conservatee's wishes, and who will investigate the nature of the objections.
First, the Proposed Conservatee (usually the elder or disabled person), can object to the Conservatorship, and does not even have to file anything in court. An oral objection may be made only by the Proposed Conservatee by his or her counsel who will report to the court as to why his/her client should not be conserved.
Most often, Objections to Conservatorship are filed by one or more children of the Conservatee who do not agree with the appointment of the person who seeks the Conservatorship.
HOW DO YOU OBJECT TO A CONSERVATORSHIP PETITION?
Procedures for Objecting to Conservatorships: If you are not the Proposed Conservatee, you must file a formal pleading in court and pay a filing fee to have it heard on the date of the hearing for the Petition for Conservatorship. Your objection has to be verified under penalty of perjury, staying the reasons the Court should not grant the Petition.
WHY AND WHEN SHOULD YOU OBJECT TO A CONSERVATORSHIP?
If you believe any of the following, you should get legal advice from an experienced attorney regarding filing an objection, which should be done before the date of the hearing:
- You believe the Proposed Conservatee is competent and can take care of himself or herself; or
- You believe the person who has filed to become the Conservator is not suitable;
- You believe the person who has filed to become the Conservator has engaged in elder abuse or does not have the best interest of the Conservatee at heart;
- An alternative to the Conservatorship exists.
WHAT ARE THE COURT FILING FEES TO OBJECT TO A CONSERVATORSHIP?
In Los Angeles Superior Court (Probate Court), the filing fee for an Objection to a Petition for Appointment of a Probate Conservatorship is $465.00 for 2015.
WHAT ELSE NEEDS TO BE DONE WHEN YOU OBJECT TO A CONSERVATORSHIP?
When you file an object to a Conservatorship, you are not quite done. If you believe that someone else is more suitable to be the Conservator, then you must file a competing Petition for Appointment of Probate Conservator. That has a separate filing fee and if it involves the money of the conservator, then you also must also pay for a probate court investigator's fee when you file.
WHAT HAPPENS NEXT AFTER YOU HAVE FILED?
After you have filed your objection, the court will hear the matter and ask whether any discovery time is needed. Once discovery is completed, the court will set a hearing called a trial setting conference where a date is then selected for trial.
HOW TO TRY TO RESOLVE CONSERVATORSHIP CASES QUICKLY?
If the parties are agreeable, try mediation in conservatorship cases first. Once you have mediated the case, options may become more evident as to why the best course of action would be as in the best interest of the Conservatee.
Mina Sirkin is a Certified Specialist Attorney in Probate, Estate Planning and Trust Law in Los Angeles, California. She is nationally known as an expert to the media regarding conservatorships, and has 23 years of experience in Conservatorships and cases involving objections to conservatorship in the Los Angeles Superior Court - Probate Court. Read more about about our credentials here: Los Angeles Conservatorship Attorney and read more about conservatorships here. Visit our main site here: Sirkin Law Group, Conservatorship Attorneys. More here.
Our law offices in Woodland Hills, Los Angeles, Glendale and Pasadena handle all matters relating to conservatorships and objections to conservatorships, as well as competing petitions. We serve all of Los Angeles and the San Fernando Valley regarding Conservatorships. Call us when you need help with objections to conservatorship in Los Angeles County. Call for a free consultation regarding conservatorships in Los Angeles. Tel.: 818.340.4479