Conservatorship

[lucy7509]

What is the name of your state? California
My father had a stroke eight years ago, and his live in girlfriend was awarded conservatorship of his estate. I have two other siblings who wish me to take over the conservatorship. Do we have to wait for the renewal date? Or can we revoke it at anytime? All three of us, my fathers only dependents, are willing to sign stating this, however there is a snag, I am currently living abroad in England. Can I still be the conservator? Is there any restriction on where the conservator has to live?
Are there any legal or financial obligalities to being a conservator? My grandparents who were quite wealthy gave my fathers girlfriend money every year to pay for the lawyers? They both have died now, and their estate is in a blind trust in which my father is not mentioned as an inheritant.
I am aware that the conservator must provide detail accounts regarding his care, and verify these to the court but I have found other details regarding what rights the conservative has to be vague, Does the conservator have to right to deny me visiting my father in hospital?

 

[seniorjudge]

You needed a lawyer in California several years ago.

Delay no longer. You have severe legal problems.

 

[BlondiePB]

My father had a stroke eight years ago, and his live in girlfriend was awarded conservatorship of his estate. I have two other siblings who wish me to take over the conservatorship. Do we have to wait for the renewal date? Or can we revoke it at anytime? All three of us, my fathers only dependents, are willing to sign stating this, however there is a snag, I am currently living abroad in England. Can I still be the conservator? Is there any restriction on where the conservator has to live?

Only a judge can remove the current conservator. I have read nothing in your post that warrant's the removal of the current conservator.

Are there any legal or financial obligalities to being a conservator?

Yes.

My grandparents who were quite wealthy gave my fathers girlfriend money every year to pay for the lawyers? They both have died now, and their estate is in a blind trust in which my father is not mentioned as an inheritant.

Who is the trustee, and who are the beneficiaries of this trust?

I am aware that the conservator must provide detail accounts regarding his care, and verify these to the court but I have found other details regarding what rights the conservative has to be vague, Does the conservator have to right to deny me visiting my father in hospital?

Yes.

 

[lucy7509]

California -

My siblings are both under the impression that we are entitled to revoke my fathers girlfriend conservatorship at a particular date. They mentioned a 5 year period. Reason for this, is that she has given away family heirlooms, and has not processsed certain papers on time for pay issues.

I was never involved in the setting up of this conservatorship, nor have I at any time received any documents from the court. Having not spoken to my family for nearly 7 years, they tracked me down to have her removed. They obviously know more than I do.

Are there any restrictions on me living out of the country and being the conservator?

As for the trust, I have not been given a copy of my grandparents will, everything is hearsay.

I was told that several years ago, my grandfather gave out monetary gifts to all the members of the family to avoid inheritance tax, because I was not in touch, I got nothing, though my daughter did. When I enquired about this with my uncle, who is the executure of the estate, he told me too late, should have kept in touch. He is also the trustee of the blind trust of my grandparents estate. My concern is that my father has been ripped off, from both his own brother and his girlfriend.

I can not understand how she has the right to stop me from seeing my own father? She was never married to him, nor is she a blood relative.

 

[seniorjudge]

My siblings are both under the impression that we are entitled to revoke my fathers girlfriend conservatorship at a particular date.

You are under the wrong impression.


Are there any restrictions on me living out of the country and being the conservator?

Probably...you need to talk to a lawyer about this.


As for the trust, I have not been given a copy of my grandparents will, everything is hearsay.

The trust has nothing to do with the will and vice versa. You are very confused.


I was told that several years ago, my grandfather gave out monetary gifts to all the members of the family to avoid inheritance tax, because I was not in touch, I got nothing, though my daughter did. When I enquired about this with my uncle, who is the executure of the estate, he told me too late, should have kept in touch.

He is correct.


I can not understand how she has the right to stop me from seeing my own father? She was never married to him, nor is she a blood relative.
She is the conservator.

 

[BlondiePB]

Ditto..........

 

[lucy7509]

OK, am I understanding this correctly, that both of you are stating that I or my siblings have no rights what so ever regarding our father? and that this person can not be taken off as conservator unless we have a valid reason.
What circumstances than can the conservatorship be revoked?

I did not think that a conservator could restrict family members from visiting?
Are there any other powers the conservator has? Do they then inherit his estate upon death?

 

[BlondiePB]

OK, am I understanding this correctly, that both of you are stating that I or my siblings have no rights what so ever regarding our father?

That pretty much sums it up.

and that this person can not be taken off as conservator unless we have a valid reason.

Correct.

What circumstances than can the conservatorship be revoked?

You must prove to the judge that appointed the conservator that the conservator needs to be removed. You have stated nothing that would make a judge conclude that he/she made an error in judgement.

I did not think that a conservator could restrict family members from visiting?

You thought wrong. When a conservator restricts family members from visiting, typically, those family members are interferring with the decision making of the conservator.

Are there any other powers the conservator has?

The conservator is in total control.

Do they then inherit his estate upon death?

If the ward has a valid will leaving the estate to the conservator, then yes.

 

[lucy7509]

Thank You for your responses, I am not sure where to go from here, as it sounds like, unless I can persuade her to give up the conservatorship, I may never get to see my father again.

 

[BlondiePB]

Thank You for your responses, I am not sure where to go from here, as it sounds like, unless I can persuade her to give up the conservatorship, I may never get to see my father again.

You are welcome, lucy. Look, if you want to see your father, be an ally rather than an adversary to the conservator. Let things simmer down and then very sincerely apologize to the conservator for your meddling - regardless if you believe it is justified.

Assure the conservator that you will no longer interfere with her and question her about your father's affairs and his care. Then, request pre-appoval for you to visit your father with her being at the visit. Should you be granted your request, then visit your dad while the conservator is there. Do not question your dad, the facility staff, and/or the conservator about things that are the business of the conservator. Bring dad flowers and bring the conservator flowers too as a peace offering.

 

[lucy7509]

You are welcome, lucy. Look, if you want to see your father, be an ally rather than an adversary to the conservator. Let things simmer down and then very sincerely apologize to the conservator for your meddling - regardless if you believe it is justified.

I find your response about 'meddling' to be both offensive and confusing.
I have not offended the conservator! In fact, I was on amicable terms up to the last time I spoke to her some 7 years ago. All members of my family have encouraged me to recontact my father. I have only discovered recently that I am not listed as an authorised person, in matters regarding my father.

It is my familys wishes that I now be the conservator based on my previous relationship with my father. Due to the way she has handled matters in the past they are not satisfied with the way she has handled the conservatorship.

If I had known that being the conservator would have given her the power to deny any member of my family to visiting or voicing their views regarding my father or his estate, I would have never agreed to her being the conservator. I now know was misinformed at the time (BY AN LAWYER) that the only powers she would have would be financial. I never thought at anytime that I would 'need her permission to visit or see my own father'

As for your comment about ally etc..I am appauled that the state of California would grant such power to anyone individual.

 

[BlondiePB]

I find your response about 'meddling' to be both offensive and confusing.
I have not offended the conservator! In fact, I was on amicable terms up to the last time I spoke to her some 7 years ago. All members of my family have encouraged me to recontact my father. I have only discovered recently that I am not listed as an authorised person, in matters regarding my father.

It is my familys wishes that I now be the conservator based on my previous relationship with my father. Due to the way she has handled matters in the past they are not satisfied with the way she has handled the conservatorship.


If I had known that being the conservator would have given her the power to deny any member of my family to visiting or voicing their views regarding my father or his estate, I would have never agreed to her being the conservator. I now know was misinformed at the time (BY AN LAWYER) that the only powers she would have would be financial. I never thought at anytime that I would 'need her permission to visit or see my own father'

As for your comment about ally etc..I am appauled that the state of California would grant such power to anyone individual.

Interferring is meddling. You came here for legal advice to remove a conservator. No one here has vested emotional ties to the situation and can look at this objectively. I have helped other posters successfully remove a conservator/guardian. There is just nothing in what you have posted that warrants your father's conservator to be removed. Thus, this is interferring/meddling.

The two most common things that will have a conservator restrict persons from visiting a ward are: 1) questioning the ward and/or the conservator about the ward's estate, which you know are under the scrutiny of the court, and 2) questioning the ward and/or the conservator and/or the ward's health care professionals about the ward. Doing this will get back to the conservator.

If y'all want to see your father, be an ally/friend of the conservator not an adversary - even if you do not want to. Find out just what it will take to allow visitation.

Now, personally, if I were in your shoes and not allowed to see my parent, I'd be upset and peeved too. But you better believe it that I would do what was necessary for visitation, even if I detested the conservator and appauled that the court did appoint such a person.

 

[lucy7509]

Interferring is meddling. You came here for legal advice to remove a conservator. No one here has vested emotional ties to the situation and can look at this objectively. I have helped other posters successfully remove a conservator/guardian. There is just nothing in what you have posted that warrants your father's conservator to be removed. Thus, this is interferring/meddling.

As for your comment above, I am deeply offended. You basically imply that any family member who questions 'the conservator' is either 'interferring or meddling' and that they (conservator) in the end only are answerable to the court.

My family by allowing her to be the conservator, was a courtesy to her, as she was afraid of losing everything that she had with my father at the time.

The fact is, every member of my family did not know that I was not on her authorisation list and you made a personal attack on me not knowing all the facts, and only answered the parts of my questions that suited you. I directly asked you 'under what circumstances can a conservator be removed?' You avoided answering this and you not only implied but suggested that there was some sort of rift between myself and the 'conservator'.

If you have 'no vested emotional ties' and can look at this 'objectively' than why did you jump to that conclusion?Or do you consider someone like myself who trys to find free legal advice on their situation 'interferring or meddling'?

 

[BlondiePB]

Interferring is meddling. You came here for legal advice to remove a conservator. No one here has vested emotional ties to the situation and can look at this objectively. I have helped other posters successfully remove a conservator/guardian. There is just nothing in what you have posted that warrants your father's conservator to be removed. Thus, this is interferring/meddling.

As for your comment above, I am deeply offended. You basically imply that any family member who questions 'the conservator' is either 'interferring or meddling' and that they (conservator) in the end only are answerable to the court.

My family by allowing her to be the conservator, was a courtesy to her, as she was afraid of losing everything that she had with my father at the time.

The fact is, every member of my family did not know that I was not on her authorisation list and you made a personal attack on me not knowing all the facts, and only answered the parts of my questions that suited you. I directly asked you 'under what circumstances can a conservator be removed?' You avoided answering this and you not only implied but suggested that there was some sort of rift between myself and the 'conservator'.

If you have 'no vested emotional ties' and can look at this 'objectively' than why did you jump to that conclusion?Or do you consider someone like myself who trys to find free legal advice on their situation 'interferring or meddling'?

With your attitude, it's no wonder you are restricted from visiting your father. You have absolutely no idea to what information you and your siblings are entitled to receive -- which is absolutely nothing. The conservator reports to the court NOT you, regardless of the circumstances surrounding the conservatorship.

You want a compiled list of things that qualify to remove a conservator? Get real. That is something I wouldn't post anyway. Until you have something that qualifies to remove the conservator, put a sock in it. You can now be offended.

 

[lucy7509]

With your attitude, it's no wonder you are restricted from visiting your father. You have absolutely no idea to what information you and your siblings are entitled to receive -- which is absolutely nothing. The conservator reports to the court NOT you, regardless of the circumstances surrounding the conservatorship.

You want a compiled list of things that qualify to remove a conservator? Get real. That is something I wouldn't post anyway. Until you have something that qualifies to remove the conservator, put a sock in it. You can now be offended.

From where I sitting it is not me who has the attitude! Nor am I the one posting the personal attacks!