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How to file Petition

Discussion in 'Guardians & Conservators' started by LilyRocky, Nov 5, 2019.

  1. LilyRocky

    LilyRocky Law Topic Starter New Member

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    Jurisdiction:
    California
    This past June my sister and I were granted conservatorship over our brother, 59 yrs old, dementia patient. In applying for his SSI, his pension company wants us to get a court order that would authorize us to elect his pension/retirement benefits (PB Code 2459C). (We are surprised at this request because we thought the conservatorship already allowed us to elect benefits). Questions:
    Where can we find the petition forms for this so that we can do it ourselves and save money? How much of this can a paralegal help us with? I have been online and am having trouble finding forms for this specific court order. Thank you
     
  2. Zigner

    Zigner Well-Known Member

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    What is "PB Code 2459C?
    You already HAVE a court order that allows you to do this. You should push the matter further up the food chain at the pension company.
     
  3. zddoodah

    zddoodah Well-Known Member

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    If there are forms available for this purpose (and I doubt there are beyond a generic "Petition" form), they can be obtained from the California Judicial Council website.

    As far as your desire to save money, I suggest you balance that against the likelihood of wasting a whole bunch of time doing this wrong 2-3 times before you finally get it right.

    Paralegals are prohibited by law from providing legal services to clients except under the supervision of an attorney. You would need to retain the attorney and request that as much of the work as possible be done by a paralegal.

    California Probate Code section 2459(c).

    Given what the law says, this seems unlikely to be correct.
     
  4. Zigner

    Zigner Well-Known Member

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    I stand corrected - thank you.

    For the record, I was thrown by the use of "PB" instead of "PROB", although I shouldn't have been, based on the subject matter of the post.
     
  5. LilyRocky

    LilyRocky Law Topic Starter New Member

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    Thank you!

    Thank you!

    Thank you!
     

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