Evolving Dynamics in California Conservatorships; Use and Abuse of the Preferred Nominee Status Pursuant to Conservatorship of Ramirez (2001)

By Published On: April 28, 2022Categories: Presentations

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.

About the Author: Adam Streltzer

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Adam is a member of the State Bar of California, Los Angeles County Bar Association, Beverly Hills Bar Association, and Commercial Law League of America. He is admitted to practice before all of the courts of the State of California, U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for all federal court districts in California (Central, Northern, Southern, and Eastern), and the U.S. Tax Court. He is also an active member of the Los Angeles County Superior Court’s appointed counsel (formerly Probate Volunteer Panel (PVP)) program and volunteers his time at the Los Angeles County Superior Court.