Darren Findling of The Probate Pro discusses the process of modifying or terminating a conservatorship for an adult or minor with a Petition to Terminate or Modify Conservatorship
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This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.
It's time to Terminate or Modify the Conservatorship. Hi I'm Darren Findling of The Probate Pro. We're going to examine SCAO form pc676 scale for state court administrative order pc for probate court form 676. we'd be happy to give you this form if you contact our office we'll give it to you free of charge with all of these scale forms they are created by virtue of various statutes and court rules in this particular case you'll see the floating yellow arrow identifies the statutes and court rules that are relevant for this particular form it's a petition which means you're asking the court to do something and when you file a petition or request there are steps in that process to file it to get a court hearing and then to get a court order following the hearing so understanding the full holistic understanding of how this process work works is really critical to your success in filing this petition and we always urge you to work with a skilled competent probate practitioner so that you understand how this form works now it's really frustrating when people fill this form out on their own file it get to a court hearing only to learn that they did it wrong and then they gotta start over and get another hearing date so understanding how to fill it out is really critical and having the supporting documentation and information to do so will really go a long way now as you can see from the forum it can be used in a variety of contexts it can be used in a request to modify the conservatorship meaning from person a to person b or to terminate it have the conservatorship come to an end it can also be used for an adult who's under conservatorship or a minor in both of those contexts so again that top red rectangle identifies what you're using the form for now understanding that this particular form is used in both of those contexts you'll see from those statutes at the bottom they correspond to the conservatorship statutes for adults or for minors as well as the court rule that talks about who is entitled to service when a petition is filed it's also important to understand that this is not the petition to modify a guardianship guardianship to guard over for the well-being and care of another individual conservatorship for financial assets and legal related issues so to understand the difference you may need to file both forms uh with the court but understand this is for the conservatorship only to be differentiated from the petition for guardianship that is being requested to be terminated or that may be requested to be terminated of which i've provided another video explaining that scale form so let's walk our way through the form top left corner is the county in which the probate matter the conservatorship is f where i'm sorry the relationship of the individual that's under protection so is there a spouse are there children descendants of children no there's no descendants and there's parents so there's like this pecking order that you have to decide and if there's none of them then of course the attorney general will get involved so giving appropriate service of this petition is really a key function and that's why that court rule 5.125 c25 is referenced there you can go to that core rule to really understand who and how each person is provided with appropriate notice and that section there there's not a lot of spaces to fill in the name and address and telephone number the relationship whether they're an adult or a minor so of course you can attach additional paper to supplement or provide an addendum to the information that's referenced there in addition you'll see that there is this notice that requires that the attorney general gets a copy as well as through the public administrator's office under certain circumstances so it's really important to understand
10 сен 2024
