Trusts and Estates
Conservatorship of Anne S.
Cite as B333052
Filed July 10, 2025
Second District, Div. Two
By Hengameh Kishani
Temmerman, Cilley, Kohlmann & Norcia LLP
https://www.tcklawfirm.com
Headnote: Conservatorship – Standing to File Petition for Conservatorship
Summary: Merely being a proposed conservatee’s neighbor is insufficient to qualify as an interested person or friend with standing to file a petition for conservatorship.
Attorneys Sobel and Hankin filed a petition to appoint Sobel as the conservator for the person and estate of Hankin’s neighbor, Anne. Although the petition was initially supported by Anne’s health care agent, medical professionals, and other individuals, Anne objected to the petition. After various developments, including a settlement agreement between Anne and her family members to resolve the conservatorship issues, Sobel withdrew from the petition, but Hankin maintained it on his own and objected to the settlement agreement on grounds that Anne lacked capacity to execute a settlement agreement. Anne, through counsel, moved for judgment on the pleadings and sought sanctions, arguing that Hankin lacked standing to bring or maintain the petition under Probate Code section 1820. The probate court agreed and granted both motions, finding Hankin had no legal standing and awarding $5,577 in sanctions against Hankin.
The appellate court affirmed both orders, holding that although Probate Code section 1820 does authorize an “interested person or friend” to petition for conservatorship, Hankin’s fleeting association with Anne did not make him an interested person or friend. Standing is limited to individuals with a genuine connection to or legal interest in the proposed conservatee. Hankin’s petition was legally frivolous, justifying the award of sanctions.