Evolving Dynamics in California Conservatorships; Use and Abuse of the Preferred Nominee Status Pursuant to Conservatorship of Ramirez (2001)
Recent changes to the Probate Code have encouraged the trial courts to give more weight to the preferences of proposed conservatees and their counsel, and, at the same time, placed heightened scrutiny over the conduct of independent, professional conservators and the reasons for their appointment. Interested persons are more likely to appear in conservatorship proceedings to challenge the appointment of neutral, independent professionals. The case opinion in Conservatorship of Ramirez (2001) 90 Cal.App.4th 390 is critical. Those who plan and/or administer estates should be aware of, and accommodate in their practice, the increased importance of written nominations and other expressions of preference by their clients, as well as the circumstances when that preference may or may not be effectuated in conservatorship proceedings.
Presenter; Author, Evolving Dynamics in California Conservatorships; Use and Abuse of the Preferred Nominee Status Pursuant to Conservatorship of Ramirez (2001), San Fernando Valley Estate Planning Council (SFVEPC), 2022
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