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BASOinCA Asked February 2018

Conservator questions...

I am appointed Conservator by my mother in all her legal documents, so how can my evil sister go to court and oppose me? She wants to be Conservator, but Mother always wanted me. How can court just ignore that? Thanks Barbara

polarbear Feb 2018
"I am appointed Conservator by my mother in all her legal documents,..."

That is wrong. Your mother can NOT appoint her own conservator. Only a court can, and only when your mother can no longer manage her own affairs and make her own decisions.

Your mother can appoint you to be her something else, but not conservator. Check the documents and be clear of what your roles are.

nevet9 Feb 2018
You need to read the documents you're referring to. Wills identify a person as the executor of an estate, trusts establish the trustee(s) of a trust, and a durable power of attorney can be granted specific powers as defined by the giver who has the full mental faculties to do so, but none of those documents can identify the conservator of a conservatee who has lost their ability to manage their own affairs. That situation requires a court appointed conservator along with court supervision of the conservatorship. If your sister goes to court to request a conservator be appointed for your mother, it's up to the court to determine who should be appointed as such, and depending on the laws of your state, usually (if not always) cannot be a beneficiary of the conservatee.

All of that general answer can be found on the internet, but you need to hire an attorney to properly identify the actions you may need to take to best serve your mother's best interests in whatever court your sister will be presenting her requests.

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Countrymouse Feb 2018
The court won't "just" ignore it.

That doesn't mean that the court can just refuse your sister a hearing, either. Do you have any reason to worry that her challenge to your conservatorship might be successful?

Guessing that your sister's application doesn't read: "I oppose my sister's conservatorship because I am evil and determined to trample all over my mother's fondest wishes"... what is the basis of her challenge?

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