Bloomfield, NJ asked in Family Law and Probate for California

Q: I filed a petition for conservatorship with other family members as co-conservators can they subpoena documents also?

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James L. Arrasmith
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Answered

A: As per California law, when a petition for conservatorship is filed, the proposed conservator(s) may request and obtain documents related to the proposed conservatee's financial and medical situation. The proposed conservator(s) are required to disclose this information to the court during the conservatorship proceedings.

Regarding the ability of co-conservators to subpoena documents, yes, they can do so if it is necessary to carry out their duties as conservators. However, it is important to note that the use of subpoenas must comply with California law and the rules of the court where the case is being heard.

Co-conservators have equal authority and responsibilities when it comes to managing the conservatee's affairs, including the power to make decisions regarding medical treatment, living arrangements, and finances. As such, they have the right to obtain any information that is necessary to fulfill their duties.

If you have further questions or concerns about obtaining documents as a co-conservator in California, it is recommended that you consult with a licensed attorney who is familiar with California conservatorship law.

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