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Ask dylatess Your Own Question
dylatess
dylatess, Attorney
Category: Legal
Satisfied Customers: 5142
Experience:  37 plus years representing clients with their legal issues
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Can a California probate judge order a temporary conservator

Customer Question

Can a California probate judge order a temporary conservator on a person without a declaration of capacity and continue the conservatorship for one year then declare the person competent again without a doctor's declaration. Also the judge ignored the
Advance Health care directives and the provisions of the trust that stated two physician reports were required to determine capacity or incapacity
Submitted: 1 year ago.
Category: Legal
Expert:  dylatess replied 1 year ago.

Not exactly. A temporary order is typically only good for 90 days At which time, there would be a full hearing to determine capacity.

Customer: replied 1 year ago.
This temporary order has been inforce from May 01, 2014 to June 23, 2015 and has the estate being charged for well over $150,000. Now the attorney is requesting the fees to be shifted to me claiming I filed in "bad faith" when all I was doing was protecting my mother and going on questionable advice from my former attorney who stated I HAD to file a conservatorship in order to file an elder abuse case.
Customer: replied 1 year ago.
Now regarding the initial matter, mind you the conservatorship was not the issue when filing the complaint, it was the fact trust property was electronically extracted from the trust and ownership title was fraudulently transferred by the defendants to themselves without any proceeds to the trust or my mother. The court is dropping defendants off of the defendant list without petition or notice served on all parties. I am getting letters from the defense counsel stating their clients have been dismissed. HOW??? California Stanleymosk Superior Court in Los Angeles, Judge David S. Cunningham, III corrupting this case