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Wills, Estates & Trusts

May 5, 2025

The riddle of parens patriae in probate proceedings

See more on The riddle of parens patriae in probate proceedings

Recent reforms in California conservatorship law prioritize conservatees' rights, but this shift toward autonomy can unintentionally increase costs that many may not fully understand.

The riddle of parens patriae in probate proceedings

Under the construct of parens patriae, the court has a duty to protect incompetent persons. Conservatorship of Wendland (2001) 26 Cal. 4th 519, 535. Certain elderly adults require the protection of the court by means of a conservatorship. Conservatorships constrain the fundamental rights of the conservatee. A conservatorship co-opts "another person's independent discretion and his or her liberty, and in addition, force[s] the affected person to pay for it."

Young v. CBS Broadcastin...

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