Alabama Sample Letter regarding Conservatorship - Agreed Order Substituting Counsel

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This form is a sample letter in Word format covering the subject matter of the title of the form.
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FAQ

The guardian is a person who looks after the child or incapacitated person and their welfare while a conservator looks after the estate.

SECTION 2650-2655 A guardian or conservator may be removed for any of the following causes: (a) Failure to use ordinary care and diligence in the management of the estate. (b) Failure to file an inventory or an account within the time allowed by law or by court order.

Once appointed, a guardian or conservator must be discharged by the judge to end the guardianship or conservatorship. Reasons for discharge include the death of the ward or conservatee, the ward's return to capacity or the guardian/conservator's inability to fulfill his or her duties.

First, the Proposed Conservatee (usually the elder or disabled person), can object to the Conservatorship, and does not even have to file anything in court. An oral objection may be made by the Proposed Conservatee by his or her counsel who will report to the court as to why his/her client should not be conserved.

The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any interested person may apply by petition to the court to have the guardian or conservator removed. The petition shall state facts showing cause for removal.

The conservatee, or one of their friends or family members, must file a petition requesting the removal of the conservator. There are many factors that might necessitate the removal of a conservatorship in the eyes of a California court. The conservator fails to care for the conservatee's estate in a diligent manner.

There are only two ways to end a conservatorship under the California probate code. A conservatorship continues until terminated by the conservatee's death or by a court order. When the conservatee dies, the conservatorship terminates as a matter of law.

The person who is the subject of the conservatorship proceeding, known as the conservatee, may also object to the conservatorship. One or more persons, usually family members, may oppose the conservatorship.

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Alabama Sample Letter regarding Conservatorship - Agreed Order Substituting Counsel