Dave Tate, Esq. (San Francisco and California) – dave@tateattorney.com – Litigation, Governance, Administrations, Investigations, Mediator & Conflict Resolution

Greetings All: I am working on some materials (slides and an anticipated video) which I have titled: You Can Resolve and Settle Your Conservatorship Dispute, Issues and Case. I am aiming for the materials will be completed by the beginning of next week.

In a conservatorship there are a lot of potential moving parts and issues, and relationships, and they can be present before the initiation of a conservatorship petition, during the initial petition stage, and at all later times including during review of a conservatorship that has been approved – for example, below are some of the potential moving parts, issues and relationships:

• Are there options that are less restrictive than a conservatorship?
• Is or will it be a conservatorship of the estate?
• Is or will it be a conservatorship of the person?
• Does the conservatee have or need an attorney?
• Will it be a court trial or a jury trial?
• Is who the conservator will be an issue?
• Are there placement or housing issues?
• Are there medical care and treatment, or related capacity issues?
• Are there medication issues?
• Are there daily living needs issues?
• Are there caregiver issues?
• Are there other issues re the proposed/conservatee’s capacity?
• Are there conservator special power issues?
• Who are all of the people who are involved in the dispute or unresolved issues?
• Are there relationship issues between the people who are involved?
• Are there spouse or domestic partner, or girlfriend or boyfriend issues?
• Are there visitation issues?
• Are there elder or dependent adult about issues – financial, physical, undue influence, emotional, abandonment, etc.?
• Are there liquidity or sufficiency of assets issues?
• Are there estate planning or benefits needs?
• Are there voting issues?
• Are there married or marrying issues?
• What facts and circumstances and issues are fluid, i.e., changing (undoubtedly some are)?
• What options are available for each of the issues that are in dispute or are unresolved?
• And also consider the other areas, and related issues, from my mediation and conflict resolution hexagon matrix.

Best to you, Dave Tate, Esq. (San Francisco and California) – dave@tateattorney.com

Litigation, Governance, Administrations, Investigations, Mediator & Conflict Resolution

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only.

I am also the Chair of the Business Law Section of the Bar Association of San Francisco.

Blogs

Trust, estate/probate, power of attorney, conservatorship, elder and dependent adult abuse, nursing home and care, disability, discrimination, personal injury, responsibilities and rights, and other related litigation, and contentious administrations http://californiaestatetrust.com

Business, D&O, board, director, audit committee, shareholder, founder, owner, and investor litigation, governance and governance committee, responsibilities and rights, compliance, investigations, and risk management  http://auditcommitteeupdate.com

My law practice primarily involves the following areas and issues:

Trust, Estate, Probate Court, Elder and Dependent Adult, and Disability Disputes and Litigation

• • • Trust and estate disputes and litigation, and contentious administrations representing fiduciaries, beneficiaries and families; elder abuse; power of attorney disputes; elder care and nursing home abuse; conservatorships; claims to real and personal property; and other related disputes and litigation.

Business, Business-Related, and Workplace Disputes and Litigation: Private, Closely Held, and Family Businesses; Public Companies; Nonprofit Entities; and Governmental Entities

• • • Business v. business disputes including breach of contract; unlawful, unfair and fraudulent business practices; fraud, deceit and misrepresentation; unfair competition; licensing agreements, breach of the covenant of good faith and fair dealing; etc.
    • Misappropriation of trade secrets.
    • M&A disputes.
    • Founder, officer, director and board, investor, shareholder, creditor, VC, control, governance, decision making, fiduciary duty, conflict of interest, independence, voting, etc., disputes.
    • Buy-sell disputes.
    • Funding and share dilution disputes.
    • Accounting, lost profits, and royalty disputes and damages.
    • Insurance coverage and bad faith.
    • Access to corporate and business records disputes.
    • Employee, employer and workplace disputes and processes, discrimination, whistleblower and retaliation, harassment, defamation, etc.

Investigations, Governance, and Responsibilities and Rights

• • • Corporate, business, nonprofit and governmental internal investigations.
    • Board, audit committee, governance committee, and special committee governance and processes, disputes, conflicts of interest, independence, culture, ethics, etc.; and advising audit committees, governance committees, officers, directors, and boards.

Mediator Services and Conflict Resolution

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