Matter of Driscoll

The primary issue in this case is the extent of the authority of the court to remove a conservator of an incompetent person. ORS 126.267 provides:

"The court may remove a conservator for cause, upon notice and hearing, or accept the resignation of a conservator. After his death, resignation or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of his predecessor.”

The subject of the controversy is John Driscoll, a generally healthy gentleman, (hereinafter father) 90 years of age at the time of trial. Father has three adult children,…