conservatorship

California-I have a developmentally challenged sister who is in her late 40's, with the mental capacity of an 8 yr old, who would like to marry against our parents wishes. The prospective groom is also mentally challenged. Our parents would like to know what, if anything, they can do to prevent this wedding? Other than the emotional implications, there are also physical problems associated with marriage that would negatively impact my sister.

[I AM ALWAYS LIABLE]

Originally posted by vmathiasen
California-I have a developmentally challenged sister who is in her late 40's, with the mental capacity of an 8 yr old, who would like to marry against our parents wishes. The prospective groom is also mentally challenged. Our parents would like to know what, if anything, they can do to prevent this wedding? Other than the emotional implications, there are also physical problems associated with marriage that would negatively impact my sister.

My response:

Who received or has the court ordered judgment of "Conservatorship" for your sister ?

IAAL

Reference to previous posting--
No one is presently designated as a conservator for my sister. Is this the answer to the question-to have someone (parents in this case) designated as a conservator? If so, how does one go about this?

Thanks.

[I AM ALWAYS LIABLE]

Originally posted by vmathiasen
Reference to previous posting--
No one is presently designated as a conservator for my sister. Is this the answer to the question-to have someone (parents in this case) designated as a conservator? If so, how does one go about this?

Thanks.

My response:

That is EXACTLY the answer, and what you or your parents must do. You hire an attorney to file a Petition in Probate court for Conservatorship. Until that happens, your sister has her Constitutional rights to her freedom of life, liberty and THE PURSUIT OF HAPPINESS.

If you feel, and the court feels, that her mental state is so serious as to cause the need to abridge her Constitutional rights, then the order of Conservatorship will be granted.

IAAL