Thank you for your follow up.Can I request to speak to my brother before the court makes a decision or at least have someone fully explain all the ramifications of this conservatorship?
Of course! You may appear in Court and call witnesses and/or testify yourself as a witness. Furthermore, the Court is very likely to appoint your brother (the one who has the slight mental challenge) a court-appointed attorney who is to look after his interests only, and who may joint the argument against the conservatorship.What is the extent of 2590?
California Probate Code Section 2950 simply states:It is the intent of the Legislature to do all of the
(1) Reduce the incidence of financial abuse perpetrated against
mentally impaired elder adults.
(2) Minimize monetary losses to mentally impaired elder adults as
a result of financial abuse.
(3) Facilitate timely intervention by law enforcement, in
collaboration with the public guardian, to effectively protect
mentally impaired elder adult victims of financial abuse, and to
recover their assets.
(b) Any peace officer or public guardian of a county that has both
of the following, as determined by the public guardian of that
county, may take the actions authorized by this chapter:
(1) The existence of sufficient law enforcement personnel with
expertise in the assessment of competence.
(2) The existence of a law enforcement unit devoted to
investigating elder financial abuse and the enforcement of laws
applicable to elder abuse.
(c) This chapter shall be coordinated with existing mandated
programs affecting financial abuse of mentally impaired elders that
are administered by the adult protective services agency of the
So at this point, the Court can decide whether the conservatorship may be granted, and if so, if it will be limited or full.
If full, then he would have full control over your brother and may make decisions for him and/or override his decisions, like an adult with a minor. But again, this is if
he gets conservatorship.
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