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sfbradley86
sfbradley86, Lawyer
Category: Family Law
Satisfied Customers: 68
Experience:  Licensed Member of the Florida Bar
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The financial conservator for my mother ( a professional fiduciary)

Resolved Question:

The financial conservator for my mother ( a professional fiduciary) has petitioned to become her personal conservator as well, I am opposed. My mother has beginning stages of dementia.

Is there any way for a petitioner for personal conservatorship to legally obtain medical info for that petition (per California form GC 335) without my consent as her advanced health care directive agent?

Would this be an effective way to block him from being assigned by the court as her personal conservator?

Also, the attorney that had been representing her is not able to as of yesterday. Who has the authority to choose and assign a new attorney since she is mentally incapable? As her son should I be able to do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  sfbradley86 replied 1 year ago.

sfbradley86 :

To obtain medical information for that petition, he should have to have your consent, sinc

Customer:

Hello?

Customer:

Hi your answer was cut short

sfbradley86 :

Since you are the advanced health care directive agent, he should not be able to get access to her private medical records without you

sfbradley86 :

I apologize for my answer getting cut short!

sfbradley86 :

You should definitely be able to go to court and oppose him being appointed her personal conservator.

Customer:

ok is there no way for his lawyer to get special authorizatoin considering he is her financial conservator?

sfbradley86 :

Her private medical records should have no bearing on her financial circumstances, unless there are very very special circumstances going on.

Customer:

If I refuse to submit or authorize this medical info, does that put an end to his petition?

sfbradley86 :

It should put an end to his petition, yes.

Customer:

I have filed an objection and competing petition

sfbradley86 :

And you should have the authority to appoint a new attorney for her, if she is indeed mentally incompetent at the present time.

Customer:

I really dont beleive she needs a personal conservator

sfbradley86 :

Excellent: An objection and a competing petition should do it. :)

Customer:

That's good to hear, the only question left then is why is his attorney not advising him that he has no chance?

sfbradley86 :

It's possible that his attorney is simply hoping that you won't respond to their petition and it will go through easily.

sfbradley86 :

They didn't count on you opposing it.

Customer:

If I filed a petition, is there still an option NOT to have a personal conservator assigned? The court investigator recommended one

sfbradley86 :

That's simply the court investigator's recommendation. It's not law. You could definitely tell the court that it is your position that one is not needed.

Customer:

So even if I filed, I dont have to go through with it?

Customer:

I mean will they assign me even though I dont think she needs it

Customer:

or would they give it to him

Customer:

because they feel she does.

Customer:

?

Customer:

If I back down would they give it to him

sfbradley86 :

They may assign you even though you don't think she needs it, but they wouldn't assign him over you.

sfbradley86 :

If you back down, they may indeed give it to him. You just need to keep objecting to his petition like you are doing.

Customer:

So NO conservator is no longer an option?

Customer:

Is objecting sufficient, or do I need to compete

Customer:

If I do need to compete, then I will need to provide the medical info

sfbradley86 :

It's still an option to not have a conservator. Objecting should be sufficient if you don't think one is necessary.

Customer:

But I already filed a competing petition.

sfbradley86 :

That's fine. You can just inform the court, when you get the chance, that you don't think one is necessary but that, if the court does feel that it's necessary, you could fill the position.

Customer:

If I don't have representation, do you think I will be ok?

Customer:

I know thats subjective

sfbradley86 :

You seem to be pretty knowledgable. You must have read up about the subject online or something? I think you'll be fine.

Customer:

Yes I've been doing my homework. I guess that's all I have I appreciate your help, I see you have no positive ratings are you new?

sfbradley86 :

Yes, I am new. Only been on about a week or so.

sfbradley86 :

I'm glad I could be of help!

Customer:

If it doesn't offend you could I ask your qualifications, just to be confident in your answers? I did hear a differing opinion regarding the appointment of a substitute attorney

sfbradley86 :

Sure. I went to the University of Illinois College of Law, graduated with my J.D., and I passed the Florida Bar and am a member of the FBA now.

Customer:

At the court they told me only her previous lawyer or herself personally could choose a new attorney

Customer:

How many years of practice?

sfbradley86 :

If she has been found incompetent, however, you could help get another attorney appointed.

sfbradley86 :

I've practiced for three months now.

Customer:

she hasnt legally been found incompetent

Customer:

I know I could help her but I dont know if I have any authority

sfbradley86 :

Then she may still have the legal capacity to appoint a new attorney, if she chooses.

Customer:

But in my opinion she doesnt have the mental capacity to do that

sfbradley86 :

If you think that she is not competent to appoint a new attorney, you could ask the court to find her incapable.

Customer:

but that works against her, I am trying to keep her out of assisted living facility

Customer:

the petitioner's goal I believe is locking her away for his convenience

sfbradley86 :

That's terrible! Well, if she isn't found incompetent then she can appoint a new attorney.

sfbradley86 :

Would she be willing to appoint the attorney that you prefer?

Customer:

she wouldnt know how or why she should - she would not do it of her own volition

Customer:

I think she would do what I recommended

sfbradley86 :

Then, since she still has legal competency, she could appoint the attorney you prefer

Customer:

True

Customer:

Ok well I wont take any more of your time you've been very helpful

sfbradley86 :

And so long as she retains legal competency, no one could "lock her up" against her will.

sfbradley86 :

No problem! It's my job. And thanks! I'm glad to be of service.

Customer:

unless the court recommended?

Customer:

or the doctor?

sfbradley86 :

I doubt the court would recommend that, so long as her home situation right now is pretty safe/ clean.

Customer:

Good

Customer:

Thank you sfbradley

sfbradley86 :

Thank you!

sfbradley86 :

And Happy New Year!

Customer:

you too!

sfbradley86, Lawyer
Category: Family Law
Satisfied Customers: 68
Experience: Licensed Member of the Florida Bar
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