San Francisco, CA asked in Real Estate Law, Elder Law and Probate for California

Q: I am the Conservator of The Estate. How can I legally gain access to enter my conservatee's home?

I have a court order to gain access, LAPD did not want me to enter because I would be in harms way although she was not violent she had barricaded the doors & windows, 3 officers pushed the door open 12", APS said I do not need to gain access she looks fine & does not want me in the house. I was there w/plumbers to install & repair bathrm facilities. There are no working toilets in her home. Two attempts w/LAPD, APS over 3 days w/no results. 2 plumbers 1hrs work was all we needed. Instead over 7 hrs of essential services wasted. Conservatee has mental health issues, is 66yrs old, does not speak & is a hoarder, looks like a homeless person, does not bath & the home is in desperate need of repairs. I was shocked when APS said "What's wrong with filthy". The heirs to her estate do not want to pursue the conservatorship of the person.

How can I legally gain access?

1 Lawyer Answer

Richard Samuel Price

Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: Serve written notice on the conservatee of your request to enter and keep copies. Document the attempts that you make to enter the home and make repairs.

Try a different approach, or send a different person? It may seem a bit heavy-handed to come with police officers.

The conservatee has rights and can properly exclude persons from her home.

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