O'Connor v. Old Republic Surety Co.

I. Introduction

Judith O’Connor, administrator of the estate of Gerald O’Connor, appeals from a judgment rendered in favor of Old Republic Surety Company (Old Republic) which absolves Old Republic of liability for damage caused to the conservatorship estate of Gerald O’Connor by Richard Bronson (Bronson), a San Francisco attorney appointed to act as “successor conservator” for Gerald O’Connor’s estate. The judgment declares to be void both an April 9, 1992, order appointing Bronson successor conservator for Gerald O’Con-nor’s estate, and letters of conservatorship issued to Bronson pursuant to that order. The judgment also rescinds a bond issued by Old Republic guaranteeing the faithful performance of Bronson’s duties as successor conservator of Gerald O’Connor’s estate.

We conclude that the order appointing Bronson successor conservator and letters of conservatorship issued to him are not void and that Old Republic is precluded from challenging their validity. We also find that Old Republic is not entitled to rescission. Accordingly, we reverse.

II. Factual and Procedural Background

A. The Conservatorship

On August 30, 1984, Kathleen Porter and Grace Coyne were…