Legal Opinion

Conservatorship of the Person and Estate of Parker

California Court of Appeal

Decided August 4, 2014No. B245202Published

1Opinion of the Court

Opinion

BOREN, P. J.

A conservatee’s debts — incurred before creation of the conservatorship — must be paid from his estate. (Prob. Code, § 2430, subd. (a)(1).) Here, a creditor seeks to collect an exemplary damages award from a tortfeasor who was placed under a conservatorship after he was sued for his wrongdoing. We conclude that the debt was incurred when the conservatee committed the tort, not when the jury rendered its verdict awarding damages for the wrongful conduct. As a result, the conservator must pay the punitive damages award to the creditor from the conservatee’s estate.

FACTS

Mark…

2Cases cited12 opinions

  1. People v. ValentineCalifornia Supreme Court · 1946
  2. People v. MendozaCalifornia Supreme Court · 2000
  3. Hansen v. CramerCalifornia Supreme Court · 1952
  4. Chalmers v. SheehyCalifornia Supreme Court · 1901
  5. Taliaferro v. DavisCalifornia Court of Appeal · 1963

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