Hudson v. Foster

September 7, 2021 Case No. B300017

Date Filed: September 07, 2021 Case Number: B300017 Court: California Court of Appeal, Second Appellate District, Division Five The Court holds that a conservatee may appeal a probate court’s denial of a motion to vacate a conservator’s final account on the ground of extrinsic fraud, and that misrepresentations of material fact in the account constitute such fraud. The appellate court rules that the conservatee has no duty to investigate the conservator’s representations unless he actually becomes aware of facts that would put a reasonably prudent person on notice of wrongdoing, rejecting the higher “should-have-known” standard applied by the trial court.

This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website .