Petition to Terminate or Modify Conservatorship - YouTube

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 pending  

top right corner is the case number and again that  rectangle at the top is identifying whether you're  

terminating or modifying or whether it's an adult  or a minor the next section is pretty intuitive  

you fill out the name of the person upon which  the conservatorship is about and the last four  

digits of the social security number then you  identify the basis of who is filing so you may be  

interested in the estate as a family member a care  provider a case manager or you simply may just  

be interesting interested in the welfare and  well-being of that individual and realize that  

somebody may be under conservatorship and they  shouldn't be so you state your relationship your  

interest the basis for why or how you're connected  to the individual that's under conservatorship the  

next section again pretty easy the person that's  under protection where are they right now what is  

their address and their phone number the next  section again is just simply an identification  

of 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 when that occurs the next  section section 4 is really the basis what why  

are you making this request if you're requesting  that there's a modification maybe the person who's  

currently the conservator is ill or has died maybe  the person isn't performing their role correctly  

if you're requesting a termination maybe it's  because you no longer need a conservator so  

you're going to state the narrative the basis for  the request to make that modification to make that  

termination why are you asking the court to make  that consideration and again there's not a lot of  

space here so often people will attach additional  pieces of information it could include a physician  

certificate that indicates that that person is no  longer in need of a conservator it could indicate  

a death certificate that provides that the  conservative that's currently in place has died  

so again provide sufficient support to the  petition so that the court can make and  

make a ruling based on the  information that you're providing  

the next section is simply what are you requesting  again pretty intuitive here you may be asking  

for the termination the conservatorship maybe  the conservator that's in place is resigning  

you're asking maybe to remove the conservator  maybe they've been suspended maybe they have not  

and then you're asking for a successor maybe  to be appointed so that's where you fill in  

and again depending on whether you're asking  to end it through a termination or modify it  

through the appointment of a new conservator would  dictate how you fill out that request so this is  

what you're asking the court to do you're making  this request of the court to take this particular  

action let's turn to the back side of the form  here the top right corner again a place to put  

the case number and then are you asking for the  appointment of a temporary because there's some  

imminent issue that has to be addressed are  you asking for the conservators powers to be  

modified or somehow altered or limited or expanded  so that's the section for section 9 in section 10.  

often in a conservatorship there may be  restrictions on the letters of authority  

maybe you want to modify or restrict those powers  again the document itself is pretty flexible it  

has a lot of space for you to add the information  that you're asking of the court in the particular  

petition so again you want to be very clear and  have a clear understanding of what you're allowed  

to do and what you're allowed to make a request  of the next area with most of these scale forms  

there's a penalty of perjury clause on it but  when you sign these forms you're declaring  

under the penalties of perjury that you've  examined the document and that the contents  

are true to the best of your information knowledge  and belief so again it's very important that  

you have accurate clear information on  this document so before you fill it out  

and submit it to the court for filing make sure  you've checked the accuracy of that information  

there's a place for the petitioner to sign the  petitioner is the one that's bringing forth this  

request of the court with their address and  phone number and basic contact information  

and then if there's an attorney the attorney  signature and their respective information  

this next section relates to if there's a minor  and that minor is 14 years of age or older the  

minor has a right to make a recommendation  a nomination to the court so for example  

if you're modifying the conservatorship the 14  year old could identify who they'd like to be as  

the successor conservator so this form has a lot  of flexibility it has it's an important document  

that's used through the court system to terminate  conservatorships and to modify conservatorships  

and again understanding how to navigate through  this form and then serving it i'm sorry filing it  

paying the requisite filing fee and then  serving it pursuant to statute and court rule  

and then being able to advocate the issues  at the court hearing is going to assist you  

to get the relief that you're requesting in that  order at the probate pro we are passionate about  

everything probate if you have questions about  the petition to terminate or modify a conservator  

or any probate or trust related issue visit us  at theprobatepro.com or call us at 1-833-probe