Conservatorship of Ryan M. CA4/2
Conservatee and appellant Ryan M. is a disabled adult who has been in a limited conservatorship over his person since he was 18 years old. He has speech and cognitive impairments that limit his ability to answer questions and express his needs and desires. In the fall of 2015, shortly after Ryan was married, his husband, Sean S., became his conservator.
Six months later, respondent—Ryan’s twin brother, Ronald M.—petitioned to remove Sean under Probate Code section 2650 for being unable to faithfully perform his duties as conservator. After a thirteen-day bench trial that included expert testimony under Evidence Code section 730, the judge granted the petition and removed Sean based on findings he was isolating and abusing Ryan and was unable to occupy the roles of spouse and conservator without creating a conflict of interest.
Ryan challenges this ruling on appeal, arguing the judge removed Sean for an improper reason and applied the wrong standard of proof in doing so.
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