Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am sorry for your brother's situation. What can I use as an argument to help my brother not to become a ward of the court?
First of all, understand that when the Petitioner who wishes to become the conservator files, he must serve all interested parties
in the case, which includes YOU. Even if he does not serve you, you as an interested party should still be able to file a pleading with the Court, arguing that he should not become a conservator.
Now, what can be used as an argument?
A limited conservatorship (Probate Code §§ 1827.5, 1828.5, 1830, & 2351.5) is used for a person who is developmentally disabled. A conservator of this type has limited powers to ensure that the conservatee may live as independently as possible. A general probate conservatorship (Probate Code § 1800, et seq.) is for all other adults who, due to physical injury, advanced age, dementia, or other factors, are unable to provide for their personal or financial needs. In a general probate conservatorship, a conservator may become responsible for the person, the estate, or both.
So someone in your situation may wish to argue:
argues that the proposed conservatee does not exhibit or have limitations or issues that would be necessary for a limited (Probate Code §§ 1827.5 et seq) or full conservatorship (Probate Code § 1800 et seq).
Petitioner has not and cannot illustrate the need for conservatorship. The proposed conservatee has self-reliance and independence which allows him to live fully and without hindrance."
Of course, it would be up to the Court to make a decision in the end.
I hope this helps and clarifies. Good luck. Let me know if you need a sample pleading...
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