Q: What method does a former conservatee use to consent to a final accounting and waive the accounting?

A: In California, there is no specific Judicial Council form for a former conservatee to consent to a final accounting and waive the accounting. However, the former conservatee can provide their consent and waiver in writing, such as through a signed declaration or affidavit.

The authority for this can be found in the California Probate Code:

1. Probate Code § 2620(a) states that a conservator must file a final account of the administration of the estate with the court for settlement and allowance within 60 days of the termination of the conservatorship.

2. Probate Code § 2620(c) provides that the conservator may petition the court for an order waiving the final accounting if the conservatee, or the former conservatee if the conservatorship has been terminated, provides written consent to the waiver.

To proceed, you can draft a declaration or affidavit for the former conservatee to sign, which should include:

1. The case name and number

2. A statement that the former conservatee has received and reviewed the final accounting

3. A statement that the former conservatee consents to the final accounting and waives any objections to it

4. The former conservatee's signature and date

You can then file this written consent and waiver with the court, along with a petition requesting the court to approve the final accounting and waive any further accounting requirements pursuant to Probate Code § 2620(c).

A: In legal proceedings involving conservatorships, the process for a former conservatee to consent to a final accounting and waive the accounting typically involves the following steps:

Preparation of Final Accounting: The conservator prepares the final accounting document, which details all financial transactions and management activities that took place during the conservatorship.

Notice of Hearing: The conservator files a petition for approval of the final accounting with the court and schedules a hearing. Notice of the hearing is provided to all interested parties, including the former conservatee.

Consent and Waiver Forms: The former conservatee needs to complete specific forms to consent to the final accounting and waive their right to a formal hearing. The exact forms required can vary by jurisdiction, but they often include:

Consent to Final Accounting: This form indicates that the former conservatee has reviewed the final accounting and agrees with its contents.

Waiver of Accounting: This form states that the former conservatee waives their right to a detailed review and hearing regarding the accounting.

Signature and Notarization: The former conservatee must sign the consent and waiver forms. In some jurisdictions, the signatures may need to be notarized to ensure their authenticity.

Submission to the Court: The signed consent and waiver forms are submitted to the court as part of the petition for approval of the final accounting.

Court Review: The court reviews the final accounting and the submitted consent and waiver forms. If everything is in order, the court will issue an order approving the final accounting and formally ending the conservatorship.