The purpose of this Article is twofold: First, to examine one state’s (California’s) legal framework governing adult protective proceedings (“conservatorships”) and aspects thereof specific to the litigation process1 and, second, to review the state of the law nationally regarding the liability exposure of lawyers for guardians and conservators to malpractice claims by wards or conservatees injured by a misguided, fraudulent, or negligent conservator or guardian.
The first part of this Article discusses California’s procedural and substantive rules governing conservatorship proceedings with an emphasis on issues arising in litigation. The second part, taking a national approach, discusses the competing theories used in determining whether the attorney for a guardian or conservator may be held liable in a malpractice or other tort action brought directly by the ward or conservatee.