Probate Process Flashcards
1
Q
What is a conservator?
A
In California, a conservator is an individual who represents a testator who lacks testamentary capacity.
2
Q
When may a conservator make a will or codicil for an incapacitated testator?
A
Following a court order. Cannot be at the conservator’s discretion!
3
Q
Does a conservator owe fiduciary duties to the conservatee? If so, what are they?
A
Yes! They owe a traditional duty of loyalty and care and must act in the conservatee’s best interests.
4
Q
ESSAY TIP: What are some considerations to take in deciding whether a conservator violated their fiduciary duties?
A
1) Whether the conservator acted against the conservatee’s interest
2) Whether a new will or codicil is inconsistent with a prior will made with testamentary capacity
