Does a person have to consent to it before you can be a conservator to them?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a person have to consent to it before you can be a conservator to them?

Asked on April 19, 2014 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, consent is not necessary, since a conservator is appointed by the court; since the conservator is appointed by court order--and is often appointed for mentally incompetent persons--the conservatee's consent is not a requirement. That doesn't mean, however, that a court may not take the conservatee's feelings into account; e.g. if the conservatee has a strong dislike for or a problematic past with a proposed conservator, the court may decline to appoint that person.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption