How Can A Conservator Be Removed?
If you are worried that a conservator is not acting in your loved one’s best interests, you can petition the court to have the conservator removed and another person appointed in their place. Under Probate Code §2651, the conservatee themselves, the conservatee’s spouse, or any relative or friend of the conservatee may petition the court to have the conservator removed.
What Are Acceptable Grounds For Removing A Conservator of The Person?
You cannot get a conservator removed just because you disagree with a decision the conservator made, or don’t like the conservator personally. There are specific legal grounds for removing conservators. They may be replaced if they can no longer perform their duties, if they have been guilty of a felony or gross immorality, or if they have taken actions not in the best interests of the conservatee.
Some of the reasons listed in Probate Code §2651 for removal of a conservator are:
- If the conservator doesn’t use ordinary care and diligence in the management of the estate.
- If the conservator continually fails to perform or is unable to perform their duties suitably.
- If the conservator is convicted of a felony, whether before or after appointment as guardian or conservator.
- If the conservator is guilty of gross immorality.
- If there is an unreasonable risk that the conservator will not perform their duty faithfully, because they have an interest adverse to faithfully performing their duties.
- If the conservator arranged the involuntary commitment of a conservatee into a locked facility without following the safeguards in the Lanterman-Petris-Short (LPS) Act, or the provisions in Section 5350 of the Welfare and Institutions Code.
What Should You Do If You Believe Your Love One’s Conservator Is Not Doing A Good Job?
If your relative or loved one is under conservatorship, and you don’t think the conservator is acting in the best interests of the conservatee, contact us for a free consultation with our attorneys regarding your legal situation.