When a person becomes incapacitated and is no longer able to manage their finances, family members or other concerned individuals may petition the court to establish a conservatorship for the management of the incapacitated person's estate. The conservator may be an individual or an institution. Conservators are fiduciaries and have many important duties, responsibilities and obligations. In addition to aiding families in establishing or administering conservatorships, our firm is also practiced in litigating the various issues and legal disputes that sometimes arise in the course of a conservatorship.
Hinojosa & Wallet, LLP represents clients throughout California in a variety of conservatorship litigation matters, including:
- Contested Conservatorships
- Contested Initial Appointments
- Removal of Conservator
- Appointment of Successor Conservator
- Contested Termination of Conservatorship
- Determining Capacity
- Accounting Disputes
- Undue Influence/Fraud
- Surcharge Litigation
- Elder Abuse
- Title Disputes (i.e., Probate Code Section 850 petitions)
- Serving as an Expert Witness
Nature of Conservatorship Litigation
There are many reasons giving rise to conservatorship litigation. Any person, including the proposed conservatee, their family members, or friends, may object to the appointment of a conservator, or to the appointment of a specific person or entity as conservator. Moreover, conservators are fiduciaries, and are obligated to use due care and diligence in the management and control of the conservatee's assets; professional conservators are held to an even higher standard of care than non-professional conservators. Unfortunately, some conservators abuse their power and negligently handle or intentionally misappropriate the conservatee's assets. The actions of a conservator are subject to constant scrutiny and potential attack by other parties.
Seek Experienced Legal Representation
The attorneys at Hinojosa & Wallet, LLP have a wealth of experience in conservatorship litigation. Contact Hinojosa & Wallet, LLP to schedule a consultation with an experienced California conservatorship attorney.