Conservatorship Litigation

The proposed conservatee, the spouse, the registered domestic partner, or any relative or friend of the proposed conservatee may appear in court to support or oppose the petition for conservatorship.   In addition, any other interested person may also support or oppose the petition.

Objections in trust litigation, probate litigation, and conservatorship litigation should specify the action opposed, the reasons for the objection, and the alternatives desired. When objections are filed, even if the petitioner chooses not to litigate the matter, local rules may require an examination of the proposed conservatee before denying the petition for appointment of a conservator. In that way, the court will have an opportunity to see whether the petition had a significant basis and whether further action should be taken to protect the proposed conservatee.

When there is opposition, the most common issues are the need for a conservatorship, the capacity of the conservatee to nominate a conservator, the identity and qualifications of the proposed conservator, the proposed conservatee's capacity to give informed medical consent, the granting of independent powers to the conservator, and the jurisdiction of the court.

Trust litigation, probate litigation, and conservatorship litigation are conducted within the Probate Division of the Superior Court or Circuit Court of local jurisdiction.  The Probate Division for Santa Clara County Superior Court is located at 191 N. First Street, San Jose, CA.

The Law Offices of Dawson G. Crawford can assist you with conservatorship litigation in either Santa Clara County Superior Court, San Francisco County Superior Court, Hawaii’s Fifth Circuit Court (Kauai), or other Superior and Circuit Courts within California or Hawaii.

 

Other Articles

 

Creditor’s Claims

Conservatorship Litigation

Accountings

Life Insurance Disputes

Will Contests

Trust Contests

 

 

 

Breach of Trust

Trustee/Executor Representation

Living Trusts

Wills

Powers of Attorney

Life Insurance Trusts

No Contest Clauses

 

Oral or Written Agreements
to Make a Will or Trust

Santa Clara County Trust Litigation
and Probate Litigation

San Francisco County Trust Litigation
and Probate Litigation

Trust and Probate Matters in Hawaii’s
Fifth Circuit Court (Kauai)

 


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