Q: Can I petition to replace my brother's current conservator without the current conservator officially resigning first?
I am petitioning to replace my brother's currently (publicly appointed) limited conservator with myself as conservator. The current conservator is open to handing the responsibility over to me. I have hired a service to help me prepare documents to submit for a petition to become conservator. However, they are now claiming that the current conservator must first petition to be removed before I can submit my petition. The current conservator is claiming that I should simply submit my petition and that he can simply respond to it once we do. I cannot get him to petition, and I'm concerned that if I submit my petition it will be thrown out and we will have to start from scratch. Please advise, thank you.
A:
In California, it is possible to petition the court to replace a conservator without the current conservator first resigning. The process involves filing a petition with the court that oversees conservatorships, outlining the reasons why a change in conservatorship is in the best interest of the conservatee. The current conservator's agreement to transfer responsibilities can support your petition, but it is not a prerequisite for filing.
Your petition should detail why you would be a suitable conservator and how the change would benefit your brother. It's important to gather any relevant evidence or documentation that supports your case. The court will consider the welfare and best interests of the conservatee above all in deciding whether to approve the petition.
Once your petition is filed, the court will schedule a hearing to consider the matter. Both the current conservator and any other interested parties will have the opportunity to respond to your petition. It's advisable to communicate with the current conservator and ensure you are both aligned on the transition plan to present a unified front to the court. This approach can help streamline the process and demonstrate to the court that the change is mutually agreed upon and in the conservatee's best interests.
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