Conservatorship of Baylacq CA1/5

I. BACKGROUND

On June 4, 2008, the Public Guardian was appointed, over Kimberly’s objection, by the Marin County Superior Court as the conservator of the estate of Baylacq. At the time, Kimberly held durable powers of attorney for health care and financial matters for Baylacq, and she was the designated trustee of the George Pascal Baylacq Revocable Trust (Trust). In April 2010, Kimberly was arrested and charged with criminal financial abuse of Baylacq (People v. Bourdet (Super. Ct. Marin County, 2010, No. SC169294). On June 24, 2010, the court issued a letter of conservatorship making the Public Guardian conservator of both Baylacq’s estate and his person. On March 4, 2011, Kimberly pled guilty to one count of financial elder abuse by a caretaker pursuant to Penal Code former section 368, subdivision (e).2 Conditions of her probation included an order to pay restitution in the amount of $211,175 plus interest. On May 24, 2011, an amended letter of conservatorship was issued, providing the Public Guardian with authority to authorize

2 At the time of Kimberly’s plea, Penal Code section 368, subdivision (e) provided: “Any caretaker of an elder or a dependent adult who violates…