This Section and its working committees (Guardianship / Conservatorship Project and Elder Law) deal with all issues relating to estate planning and the probate of decedents' estates, the avoidance of probate, and the protection of incompetents and their assets through guardianships and conservatorships.

Beverly Hills Bar Association Legislative Updates California Court of Appeal

-Family Law- Conservator of the person and the estate of a mentally disabled person--who is unable to communicate wishes--lacks the power to initiate and prosecute a petition for dissolution of conservatee’s marriage but may, subject to the approval of the probate court, petition for legal separation. Michael J. v. Superior Court (Rogers) - filed June 30, 2004, Fourth District, Div. Three Cite as 2004 SOS 3335 Full text http://www.metnews.com/sos.cgi?0704%2FG033218   -Trusts and Estates- Successor fiduciary of an estate in probate may assert a professional negligence claim against attorneys retained by a predecessor fiduciary to provide tax assistance for the benefit of the estate. Borissoff v. Taylor & Faust - filed July 15, 2004 Cite as 2004 SOS 3666 Full text http://www.metnews.com/sos.cgi?0704%2FS105600  -Trusts and Estates- Provision in Power of Attorney Law providing immunity for persons who rely in good faith on power of attorney was inapplicable where power of attorney was neither witnessed nor notarized. For immunity to apply, not only must reliance be in good faith, but power of attorney must be facially valid and witnessed or notarized. Where person gave two powers of attorney, first of which was not sufficient for immunity to apply but second of which was sufficient, third parties were entitled to rely on second power of attorney but were not immune as to events occurring between the presentation of the first power of attorney and that of the second power of attorney. Kaneko v. Yager - filed July 22, 2004, Second District, Div. Five Cite as 2004 SOS 3803 Full text http://www.metnews.com/sos.cgi?0704%2FB170037