Conservatorship Litigation

Trial … pre-trial … appellate … mediation proceedings.

Serving California clients with comprehensive trust and estate litigation and mediation services since 1991.

When an individual becomes incapacitated and can no longer manage his or her financial affairs, family members or other concerned individuals can ask the court to protect the incapacitated individual and appoint a conservator. Whether the conservator is an individual or an institution, the conservator has many important responsibilities and obligations.

There are many reasons conservators and conservatorships end up in litigation. 1) conservators may abuse their power through careless or reckless handling of the conservatee's assets (a conservator is obligated to use due care and diligence in the management and control of the conservatee’s assets; a professional conservator is held to a higher standard than a non-professional conservator); 2) anyone, including the proposed conservatee, family members and friends, may object to the conservatorship in general, or to the specific choice of a conservator; 3) a conservator's actions are continuously subject to review, attack and defense.

The law firm of Sacks, Glazier, Franklin & Lodise represents clients in a variety of conservator actions:

• contesting the validity of the conservatorship (fraud, duress, undue influence, coercion, lack of capacity);
• contesting the appointment of a particular conservator;
• representation of conservators;
• accounting of conservatorship finances;
• breach of a fiduciary duty; and
• conservatorship mismanagement.

Conservatorship litigation requires a deep knowledge of both conservatorship law and litigation trial techniques. The attorneys at Sacks, Glazier, Franklin & Lodise have expertise in both of these areas and are able to offer their clients high quality conservatorship litigation services at reasonable rates.

If you have an interest in a conservatorship as a family member, friend, or conservator, contact one of the experienced attorneys at Sacks, Glazier, Franklin & Lodise to discuss your case and set up an appointment.