Legal Question in Elder Law in California

Conservatorship/guardianship

Elderly mom recently had and is incapacitated. Need to access bank account, she is the sole account holder. Bank advised us to seek conservatorsho/guardianshi through a court. How do we go about it.


Asked on 1/23/09, 4:50 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Conservatorship/guardianship

It requires a filing of petition with several addendums worded in technical language, and several hearings. Do you believe that another relative may wish to contest your appointment as conservator? It is a difficult and detailed process which can be challenging for counsel. As it is questionable whether an attorney is competent to represent his or her self, I recommend that you get represented immediately. Contact me directly.

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Answered on 1/23/09, 5:06 pm
Terry A. Nelson Nelson & Lawless

Re: Conservatorship/guardianship

By filing the legal action and following all the notice and pleading procedures required, leading up to getting a court order for control of her assets and person, including bank accounts. Generally, you'll need an attorney to prepare the pleadings and filings, do the legal work, and attend the court hearings. Feel free to contact me if serious about doing so. I'll be happy to help you.

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Answered on 1/23/09, 6:27 pm


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