Conservatorship of Cathy Joy Kendall

Case No.: SM019012    

Nature of Proceedings: Petition to Appoint Successor Limited Conservator

Appearances required. The following is noted for the Court:

The previous Conservator, Carol Joy Kendall, was appointed in 1976 as a “guardian” over the now-conservatee. This was before the conservatorship laws were passed. The order appointing Ms. Kendall guardian over the conservatee shows that she was given authority over the person and estate of the conservatee. There has been no accounting since letters of guardianship were filed in 1976.

The petition is defective for two reasons: 1) It improperly requests appointment of a successor limited conservator, and 2) it requests the new conservator be given only power over the person, without acknowledging the conservatorship over the estate is still in place, and without any explanation as to the condition the estate is in.

According to Probate Code section 1860.5, subdivision (a), “[a] limited conservato........