Legal Question in Wills and Trusts in California

Problems with Conservatorship and Power of Attorney never recorded

Please help me regarding a Conservatorship and Power of Attorney and the rights to transact under one. For real estate, the California Duties of Conservator application states that once granted, you must record a copy of your Letters of Conservatorship with the county recorder in each county where the conservatee owns real estate. What happens if the Conservator failed to do so? If the letters were never recorded for years, then wouldn't this limit the power the Conservatorship could utilize over the conservatee's real estate?? Isn't the conservator's standing in question? Please let me know. What if at the time, the conservator went out of bounds and spent an inordinate amount of money to dispose of real estate, and there are still no letters recorded as of today? (Recording it years after the fact should not affect this right?) I would like to discuss this with you and appreciate your response. Those are my primary questions. If you have time, I would also like to know about if the power of attorney was never recorded either in any city doesn�t it limit powers over real estate? Can the POA be easily revoked by a letter from the person giving it? It says it can be revoked right on the first page. Thank you very much.


Asked on 10/12/06, 8:45 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Problems with Conservatorship and Power of Attorney never recorded

Your questions are too numerous to be answered in this particular posting forum. If you would like a free phone consultation so we can better understand your legal situation, contact us directly today.

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Answered on 10/13/06, 3:46 pm


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