Q: what can i do if a court appointed probate attny doesnt file a motion to dismiss in a contested conservatorship hearing?
A competent elder was awarded court ordered alimony from their ex-spouse, but, this ex-spouse was refusing to pay them ...so, the elder took them back to court to have them charged with contempt...but before they were charged with contempt the ex-spouse wrongfully claimed that the reason why they stopped paying them the alimony was because the elder was incompetent and needed to be conserved by a fiduciary company that the ex had chosen for the elder. The elder was given a court appointed attorney to contest the conservatorship but they never filed a Motion to Dismiss or a Change of Venue like the Elder had requested them to do ..and 2 years later the Elder was told by their Attorney that the only way they could start recieving their Alimony was to sign a agreement to be Voluntarily Conserved by one that they had chosen for them. So , the elder trusted their attorney and signed the agreement ..but never wanted to be conserved. How Can the Elder get out from this conservatorship?
A:
Apparently the Court Appointed attorney was worth just what you paid him/her. Sorry to hear that you have to go through this as an elder. IMO you need to hire your own attorney to represent you re: the conservatorship and to investigate potential attorney malpractice by the other attorney.
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