CONSERVATORSHIPS

One of our partners, Matt Toth, has been doing a lot of court work over the last 6 years in connection with conservatorships. After getting appointed by the court a conservator for an aging or ailing client is the best way to stop potential elder abuse. A conservator, of course, is the court appointed and regulated person that safeguards the person's person and assets and is in total control. Often there are struggles among children over who should be the conservator and who should not be. Often the court will select an outside conservator of the court's choosing. There is probably more litigation involved in conservatorships than in other probate and trust matters. 

As an aside to show how sharp Matt is, at a recent court hearing Matt was there alone on the matter and the court asked him a question pertaining to another matter that often came before the court and that prompted the Judge to ask Matt, "what would you do if you ordered a party to account, they don't do it, you order them again to do it, and they still don't perform". Matt promptly replied, "Judge, if they won't perform then simply order the other side of the case to do the accounting". The Judge seemed to take that under advisement because at a later court session he observed the Judge do just that in a case where a prominent attorney was asking the court to have the other side account which he had asked for and the court had ordered on numerous occasions but to no avail, and the court said, "I will simply order you, counsel, to do the accounting". You can understand what affect that had on the recalcitrant attorney. 

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Pedder, Hesseltine, Walker & Toth, LLP | Est. 1995

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Lafayette, CA 94549

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