More details to this question:
Good afternoon. I have before me a legal document sent to me, and within said document (assent and waiver of notice) it has checked X I hereby assent to the Petition for Appointment of Conservator, filed with the Court and I waive my right to any statutory notice related to that specific pleading. I request that the relief requested in that pleading be allowed, including the appointment of (Attorney's name is entered here), without sureties. I have been requested to sign this document without any further information regarding my father's condition, executed will, or any other information regarding the need for this to be signed. I am one of two children that has, but for some reason there is mass movement by other family members to attach themselves to his estate, namely the lawyer named in this document who is his niece, and if I am correct, would this not be a conflict of interest in itself, and especially since this attorney who is my blood cousin, also represents his common law wife. Can someone provide an immediate answer to this question as time is of the essence because of my father's advance age, and medical issues.
13 ANSWERS
Signing the document will indicate to the court that you have no objection to a Conservator being named to handle your father's finances or to the person being recommended for that position and that you agree that no bond should be given by the Conservator to guarantee her performance of the required duties. It will also take your name off the list of people who must be informed of any hearings or other actions during the process of getting the Conservator appointed. Whether the attorney has a conflict of interest will depend on that state's statutes and regulations.
Answered on Apr 22nd, 2014 at 2:43 PM
Edwin K. Niles
If you have ANY reservations, don?t sign but get your own lawyer.
Answered on Apr 21st, 2014 at 5:21 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The immediate answer is for you to obtain the services of a probate/litigation attorney to file an objection tp the petition for conservatorship on your behalf; do not sign that document. Time is off the essence.
Answered on Apr 21st, 2014 at 5:21 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Don't sign.
Answered on Apr 21st, 2014 at 5:20 PM
If you sign the document, you are agreeing to the appointment of a conservator and waiving (or giving up) your rights to object. So, if you have any doubts or objections, you should not sign the document and you should make your objections known to the court in writing and at any hearing on the matter before the Judge. You should also consider getting a good lawyer to help you comply with all court rules.
Answered on Apr 21st, 2014 at 4:12 PM
Take the document to an attorney to advise you. You are right to be very concerned. This document indicates that some members of your family are taking control of your father's estate.
Answered on Apr 21st, 2014 at 4:11 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is clearly not a Michigan matter, because we do not use the form that you mentioned. We have similar forms, but you really should reach out to lawyers in the state where the proceedings are taking place. The form appears to signify that you have no objections to the petitioner serving as conservator. A conservator has nothing to do with the Will and you have no legal right to see the Will during your father's lifetime. If he is married, then it would normally be his wife petitioning to become conservator, but that may depend on HER condition. If you have objections to the petition, then you would not want to sign the form. There are almost always potential conflicts of interest in situations like this. The alternative would be to have the court appoint a complete stranger to act on your father's behalf. That is usually not the best way to go.
Answered on Apr 21st, 2014 at 4:00 PM
2 Awards
They want you to consent to the appointment of the conservator.
Answered on Apr 21st, 2014 at 3:59 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If you sign, you're waiving your right to object to the appointment of your niece as your father's Conservator. The conservator has control of a person's finances. If you agree that your father needs a conservator, and that your niece is an appropriate person to serve as such, then go ahead and sign. If you don't sign, they'll wait until the end of the notice period if you haven't objected to the appointment, she'll be appointed anyway. You can object either that your father doesn't need a conservator, or that Niece is not the right person to serve. My best advice is that you hire a lawyer to represent you in this matter. Then you'll know what exactly is going on, and you can respond appropriately.
Answered on Apr 21st, 2014 at 3:56 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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They need your consent because you are your father's child. You don't have to give it. You should call your niece and ask her what is going on and why is this happening. The will has nothing to do with the conservatorship. The conservator watches your father's money to make sure it is spent properly on your father's needs, or at least is supposed to. As far as a conflict of interest, no, I don't see one. If you had wanted to, you could have asked to be his conservator. Is that a conflict? The one good thing about the niece doing it is that she has an ethical duty as an attorney to do things properly. If she doesn't, she runs the risk of impacting her bar license. So you need to call and find out what is going on. If you don't' agree, hire your own attorney and ask to be named the conservator.
Answered on Apr 21st, 2014 at 3:48 PM
3 Awards
You should speak with a conservatorship attorney where your father resides. It sounds as if someone is trying to become his conservator and you are being asked to waive notice. The conservator can then act as your father. In some states that may include the ability to make a Will. In Nevada we do not have common law marriages created under our state, but do respect them if they are established under another state's law. That is another issue to address with the attorney to see if it is valid. There is no reason for you to sign unless you want that to occur. Seek legal counsel first.
Answered on Apr 21st, 2014 at 3:44 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You are being asked to agree to the appointment of the named person as the guardian for your father. The appointment would give that person the authority to manage your father's health decisions and financial affairs. It is common to appoint a family relation into such a position. Common Law marriage is not recognized in Illinois. Your father's significant other is many ways considered a stranger with limited rights. Representing the common law wife could be considered a conflict of interest. As a child of the intended ward, you have the right to appear and offer an alternative guardian of the person and estate for your father.
Answered on Apr 21st, 2014 at 3:32 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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By signing the document, you consent to this attorney being named your father's guardian. If you're opposed, don't sign it and show up for the hearing.
Answered on Apr 21st, 2014 at 3:32 PM