QUESTION
Can I open my dispute of conservancy for my mother against my sister?
Asked on Dec 30th, 2013 on Estate Planning - California
More details to this question:
I had a dispute of conservancy for my mother with my sister one year ago. I attended mediation; my lawyer lacked any sort of aptitude. I’m most desirous to revisit this issue and hire the mediation lawyer. Can one do this? Great thanks.
12 ANSWERS
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Maybe. The problem is you were not successful, before. The judge is not likely to make any changes unless the situation has changed in a way that would warrant the need for a change. You can certainly talk to the lawyer and discuss this further, however. These cases always turn on the particular facts of the case.
Answered on Jan 06th, 2014 at 12:31 PM
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You cannot likely hire the lawyer who conducted the mediation due to conflict of interest, but if you need to revisit the issue, find a new attorney who can help you.
Answered on Jan 03rd, 2014 at 12:48 PM
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It depends if your mediation was binding or non-binding. Best of luck to you.
Answered on Jan 03rd, 2014 at 12:47 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I'm pretty sure the mediation lawyer would have a conflict, couldn't represent you. Assuming you mean conservatorship, it may be most efficient to just keep a sharp eye on the conservator's annual accounts, and object if you see money being mis-applied. Fighting about the conservatorship will just cost your mother money, since the conservator's attorney fees can be charged to the protected person. Probably your mother needs help, if the conservatorship was allowed; arguing about who is conservator is usually not efficient. Spend your time analyzing how your mother's money is being spent, and be prepared to object if it's being wasted.
Answered on Jan 03rd, 2014 at 12:47 PM
Edwin K. Niles
The mediator will probably feel that he has a conflict of interest.
Answered on Jan 03rd, 2014 at 12:47 PM
Thomas Edward Gates
While you can dispute the previous outcome, you cannot retain the mediator to represent you.
Answered on Jan 03rd, 2014 at 12:46 PM
You won't be able to hire the mediation attorney as he/she would have a conflict of interest in this matter. You will also need to identify and present legitimate situations and events that compromise your mother's health and care that were not previously addressed by the court.
Answered on Jan 03rd, 2014 at 12:46 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes you can bring a new petition for conservatorship for your mother. You can choose any lawyer you desire, but advisable to select one who has specialized in conservatorships/guardianships/probate; the mediator will not accept, as to do so, may present the lawyer with an ethical problem, because of prior involvement in the matter.,.
Answered on Jan 03rd, 2014 at 12:46 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The mediation lawyer has in inherent conflict and cannot represent you. You need to find a competent attorney that handles guardianships and conservatorships. However, given that you did not prevail the first time, what is different that would allow you to prevail now.
Answered on Jan 03rd, 2014 at 12:45 PM
You can talk to an attorney and find out if it is possible.
Answered on Jan 03rd, 2014 at 12:43 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Your mother, as the ward in a conservancy (or guardianship) can always open a challenge to a guardianship being imposed upon her. She can seek to have the conservancy or guardianship lifted or limited. You can support your mother in this effort and direct/assist in the challenge. If your objection is of a different nature then additional facts are required to respond.
Answered on Jan 03rd, 2014 at 12:43 PM
Having acted as a neutral in the process and received confidential information from both sides, the mediation attorney could not now represent you.
Answered on Jan 03rd, 2014 at 12:42 PM