Estate Planning

A Day In Conservatorship Court

By Administrator

Probate courts typically hear certain types of matters on certain days. This is true for especially larger courts that serve a larger population. Take for example, Orange County Superior Court's probate department located at the Betty Lou Lamoreaux Justice Center (Lamoreaux for the veterans). Lamoreaux is the location of the juvenile courts and also houses the county's only probate court.

Yesterday afternoon was the general Conservatorship calendar at Lamoreaux. A Conservatorship is the same as a guardianship of an adult. Guardians are appointed for minors and Conservators are appointed for incapacitated adults whether disabled or elderly or anywhere in between where they have no capacity to manage themselves and/or their financial affairs.

The courtroom was crowded with over 50 matters on calendar. I was item number 40. And I had to sit not in the galley, but up front as there were no more seats in the galley. From my vantage point, I could see the judge and also the faces of the attorneys and the parties. Lots happened yesterday and it was very nerve wracking and painful for the parties. More so from seeing their faces than just hearing them. If you sit in the galley, you can only hear what is going on and only see the judge's face.

There were a few young adults there who appeared to have mental disabilities and their parents were there to obtain a court order for Conservatorship so that they could continue to manage their young adult children's financial and medical affairs. Remember when you turn 18, as parents, you no longer have legal control over your children. If you have a child with special needs or a mental disability, many parents find it either necessary or prudent to obtain a Conservatorship over their young adult children.

In one proceeding where the young lady clearly looked like both her mother and father -- a young man jumped up and stated, that's my child! "I want to object!" The mother almost fainted. The father looked at the mother. And the poor young adult lady was befuddled. It turned out that the man who wanted to object did not speak English and had the wrong matter! In fact, he was in the wrong courtroom! The judge was soon able to control the chaos and laughter soon ensued. But imagine how nervous that family already was and to have this happen? The court soon ordered that the young lady's mother and father can become her Conservators.

There was another proceeding where both mom and dad were in wheelchairs. They both were unable to care for their affairs. They were given a court appointed attorney, called a PVP (Probate Volunteer Panel) attorney. They had 3 kids from what I could tell. Each child was represented by an attorney. And each child wanted complete control over managing mom and dad's affairs. It was very sad. The court finally continued the matter so written objections could be filed. Later after I left the courtroom about an hour later, I saw the mom in the hallway sobbing. I saw the attorneys at table close by seemingly trying to work out a settlement. Dispersed around the hallway where angry camps of kids and their families all glaring at each other. It was a true nightmare for that family.

I also heard a matter involving a man and a woman who had been married for 25 years, but it was a second marriage. She suffered from a heart attack and was in a rehab facility for some time. Her husband was increasingly becoming incapacitated. So his family obtained a Conservatorship over him and moved him out of the marital home. The wife showed up today ... and when she saw her husband, they kissed and hugged very lovingly as they approached the bench. The wife was understandably upset as she wanted to continue to care for her husband and be able to see him now that she fully recovered. His family didn't see it that way and would not allow the wife to visit her husband. It was yet another matter for the judge to decide.

There was also a matter involving hospice care and end of life decision making. There was a Conservatee (the person under the Conservatorship) who appeared to be at the final stages of his life from the arguments heard. His Conservator wanted court permission to withhold life support and the county objected saying that there was not enough evidence that this Conservatee was terminal. They reviewed the Advance Health Care Directive. The judge finally said he could not make a decision without more information from the Conservatee's doctors. Going by the Conservator's wishes was not enough. So it was continued.

It went on and on... remember, I was number 40 on the calendar.

How do you prevent this? Well, for the young adults with mental disabilities, it can't be. But for those older and not doing well -- a well executed estate plan will avoid most of these battles. Do your estate plan while you are young and continue to make changes as you age. You want to show a pattern and strong preferences for how you feel. You don't want to lose control over who can manage your affairs even when you longer have control over your own self or finances.

If you are in the Southern California area, email me directly for more information about setting up your own estate plan. I can be reached at jsawday(at)tldlaw.com.

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Estate Planning, Probate and Trusts involve complex areas of law. Individual circumstances must be considered before any advice can be given.  The general information above is not to be construed as legal advice, which can only be given after consideration of the unique facts of each matter. Please seek the advice or counsel of your attorney, financial advisor or CPA as it may be appropriate.

Full post as published by Estate Planning Practice Blog on May 06, 2009 (boomark / email).