CONSERV/PROBATE/CRIMINAL ELDER ABUSE

Elder Law 7 views 4 answers
ok guys, please help. i've addressed this issue but i can't get a direct answer! my sister stole my father's money, i am seeking conserv, she is blocking because she knows i will pursue her criminally. the court due to the ugly dynamic have decided to request a court appointed conserv. DO I HAVE THE OPTION TO WITHDRAW THE CONSERV SO THIS GOES AWAY UNTIL A LATER DATE WHEN SHE IS ARRESTED OR IS IT TOO LATE AND IN THE COURTS HANDS NOW? PLEASE SOMEONE ANSWER DIRECTLY. I APOLOGIZE BUT WHOMEVER IS READING MY QUESTIONS IS NOT ANSWERING THEM DIRECTLY. THANK YOU.

Attorney Answers

4
Carol Ann Hunter PetersElder Law AttorneyPasadena, CA ·
Discuss this with your own Atty. OR, did you file this with the aid of the LASC Probate Court's program for self-help assistance? You can ask the Bet Tzedek staff for specific answers to your concerns. If what you said in your pleading is true, then your father's issues are in good hands because: Your Petition states your concerns abt your father's welfare; The Court wants him well cared for, just as you do; The Court-appointed Conservator's job is to do that, for HIS benefit, and as a professional Fiduciary, already knows the rules. You should talk with the Conservator abt your concerns, and provide facts and data, if you have it. The Conservator's duties differ from those of the PVP Atty who is appointed by the Court to represent your father (as his "mouthpiece"). The fight between you and your sister are not the direct issues of the Conservatorship case. I understand they are personal to you and her, but those issues are not before the Court, although those issues may affect the outcome of what you filed. Talk to whoever helped you at the outset.
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Candice Garcia ·
Your question is confusing. Are you wanting to withdraw your Petition? You could withdraw your Petition for Appointment as Conservator, but if there is a court-appointed conservator already acting, then the conservatorship case will remain in place until it is terminated by Petition from the conservator, or your father's attorney and entered by the court. You really need to seek legal advice to give the specific facts, and review the case history and status. We cannot give you a complete, direct advice without more information. With regard to the criminal claims, you will likely need to file a Petition for Financial Elder Abuse. Again, you need to speak with an attorney. File a police report for an investigation into the claims. Also, contact APS if you think your father is being abused.
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