Conservatorship - Disabled brother just turned 18... need advice!?
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Conservatorship - Disabled brother just turned 18... need advice!?
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My disabled brother just turned 18 and my mom was inquiring into obtaining a conservatorship for him. He has severe mental and physical disabilities and we live in California. She already has the documents but was curious about law suits and how it would affect her if she was the conservator. If someone sues him, does she also get sued? Would she be legally obligated to handle the law suit for him?
Thanks, this really will help us clarify the issue!
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Lawyer X
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There are different types of conservatorships--so the conservator's responsibilities depend on what powers the conservator is granted. The conservator is not likely to be sued in a lawsuit against the conervatee, unless there's some allegation of breach of fiduciary duty. If the conservatee is sued, the conservator is likely responsible for ensuring the conservatee's interests are protected--e.g., making sure he/she has a lawyer.
Many of your questions can be answered on this California Courts Self-Help website: http://www.courtinfo.ca.gov/selfhelp/seniors/duties.htm
But it's also advisable to at least consult with an attorney who handles conservatorships. |
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yoli2k
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Hello my brother is 41 years old and suffers from Mental illness since he was 16 years old. He has schizo-affective disorder and mild retardation. He is in a manic state in the Mental hospital right now. The doctor wants me, his sister to be the conservator so that incase case my Mom dies, they wouldn't take her house away. What about my house and my family? I am married with 2 kids, 13 and 21. Can you please explain this? Thank you. Yolanda |
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