Conservatorship and Estate of E.P. CA2/6

FACTS

Edwin and Victoria P. had three children, J.P., Anne P.,4 and E.P. Edwin and Victoria are now deceased. J.P. is profoundly disabled. Anne is his conservator. E.P. is mildly developmentally disabled. Sharon Kennedy, a licensed fiduciary, is conservator of E.P.’s estate. Dee Duncan is conservator of E.P.’s person. E.P. is the sole income and principal life beneficiary of the E.P. Revocable Trust (hereafter “the Trust”). The Trust was last amended in 1998. The 1998 version of the Trust provides that upon E.P.’s death, the corpus would be distributed “to the charitable organization where [E.P.] was housed or was a client at the time of her death.” At the time of the amendment, E.P was living at the Devereux Foundation. E.P now lives in a home owned by her conservatorship estate. She does not expect to reside with a charitable organization in the future. Kennedy is the sole trustee.

All statutory references are to the Probate Code. Appellant’s motion to unseal the record is denied. 4 We refer to Anne P. by her first name for clarity, not out

of disrespect.

2 Petition Kennedy petitioned for substituted judgment to exercise the right of the conservatee to modify the…