Parker v. Schwarcz
The court held that a petition filed under Probate Code § 850 may not be used to compel a former conservator to produce communications and documents after the conservatorship has been terminated because the statute applies only while a conservatee and conservatorship property exist, and therefore affirmed the trial court's denial of Parker's return-.
Date Filed: October 20, 2022
Case Name: Parker v. Schwarcz
Case Number: A165163
Court: California Court of Appeal, First Appellate District, Division Three
The Court holds that a petition filed under Probate Code §\u202f850 cannot be used to compel a former conservator to turn over communications and documents once the conservatorship has been terminated, because the statute applies only when a conservatee and conservatorship property still exist. Accordingly, the appellate court affirms the trial court’s denial of Parker’s “return of property” petition and treats her declaratory‑relief claim as forfeited because it was never substantively raised. This decision limits the scope of §\u202f850 petitions, forcing parties to seek post‑termination records through ordinary discovery rather than probate‑code remedies.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.