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Conservatorship of Bower

In conservatorship case, order dividing married couple's community property overturned where probate court erroneously equated professional fees with support and maintenance of conservatee spouse.



Cite as

2016 DJDAR 4785

Published

May 23, 2016

Filing Date

May 20, 2016


Conservatorship of the Person and Estate of DAVID BOWER.

 

ANDREA BOWER, as Conservator, etc.,

Petitioner and Respondent,

v.

LYNN BOWER,

Objector and Appellant;

DAVID BOWER,

Objector and Respondent.

 

No. G050468

(Super. Ct. No. 30-2011-00471248)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed May 20, 2016

 

ORDER MODIFYING OPINION

 

     It is ordered that the opinion filed herein on April 15, 2016, be modified in the following particulars:

 

     1.  On page 2, after the heading ?I.  INTRODUCTION? add the following paragraph:

 

     ?In 1800, Lord William Thompson Kelvin ? the great scientist who first conceived the temperature scale that now carries his name ? lamented that, ?There is nothing new to discover in physics now.  All that remains is more and more precise measurement.?  Today, in the 144th year of the Field Codes, we wrestle with an issue of first impression.  Law students, take note:  there is plenty left to be discovered.?

     2.  On page 3, first partial paragraph, last sentence, change the word ?irritated? to ?concerned.?

     3.  On page 3, second paragraph of the facts, first sentence, change ?David was diagnosed? to ?he was diagnosed?.

     4.  On page 6, second full paragraph, first sentence, change ?be temporary? to ?serve as temporary?.

     5.  On page 6, third full paragraph, first sentence, change ?year and nine? to ?21?.

     6.  On page 20, first partial paragraph, the sentence that reads ?And again a vicious cycle . . .?, change ?cycle? to ?circle?.

     7.  On page 20, last partial paragraph, in the sentence that begins ?But it is clear . . .? add ?exercise of? between ?its? and ?discretion?.

     8.  On page 20, last partial paragraph, delete the phrase ?cared about? and replace with ?focused on?.

     9.  On page 20, last partial paragraph, in the sentence that begins ?What the court cared about . . .? delete the phrase ?, to once again allude to the Sinatra song, that Lynn hadn?t done it the court?s way.? and replace it with ?that Lynn had not followed its directions.?

     10.  On page 21, in the first full sentence that begins ?Under section 3089,? delete the phrase ?that focus has to be on? and replace with ?the question should have been?.

 

     This modification does not effect a change in the judgment.

 

     BEDSWORTH, J.

 

 

WE CONCUR:

RYLAARSDAM, ACTING P. J.

THOMPSON, J.

 

 

 

#207347

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