Removing a conservator in California requires much thought and preparation. It is never easy to watch a friend or family member age or become too sick to manage their own affairs. In some of those cases, another family member or loved one may be named as conservator by the court. A conservator may be named as conservator of the person (in which case he or she is responsible for making sure the conservatee’s everyday physical and medical needs are met), conservator of the estate (meaning responsible for the financial affairs of the conservatee, such as paying bills or providing an allowance), or both.
The conservator has broad responsibilities and owes what is referred to as a “fiduciary duty of care” to the conservatee. A fiduciary duty is the highest left of care that can be owed, and means that he or she is entrusted with the conservatee’s well-being. A person with fiduciary duties owes a duty of loyalty to another. While the vast majority of conservators are working hard for the best interest of the conservatee, there are some situations in which you many believe it is necessary to remove a conservator.
It is important first to understand that a conservatorship can only be established with a court order. This also means that it can only be undone with a court order. In other words, you cannot dismiss or remove a conservator unilaterally. Rather, you will have to seek an order from the court removing the conservator. A family member, friend, or other potentially interested party may petition the court requesting the removal of a conservator and must clearly state the reasons the removal is requested. California probate code 2650 states that a conservator may be removed by a court for a variety of reasons. For example, the conservator can be removed for failure to use proper diligence and care in fulfilling his duties, incapacity to fulfill the duties, or failure to file an accounting at the proper time. However, the conservator could also be removed because of conflicts between his or her interests and that of the conservator, conviction of a felony, or filing bankruptcy. The court will also need to determine that removal of the conservator is in the conservatee’s best interest.
Call our specialist attorney in Los Angeles conservatorship who has over 26 yrs of experience in assisting our clients with conservatorships and removals at all stages. Call us today to talk about your friend or family member and what can do to help you protect them.
