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MURPHY v. MURPHY

No. A115177.

164 Cal.App.4th 376 (2008)

WILLIAM J. MURPHY, JR., Plaintiff and Respondent, v. MAUREEN MURPHY, Individually and as Trustee, etc., Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

June 26, 2008.

Attorney(s) appearing for the Case

Hanson Bridgett Marcus Vlahos & Rudy, David W. Baer and S. Anne Johnson for Defendant and Appellant.

The Huster Law Group, Thomas Huster and John K. Huster for Plaintiff and Respondent.

OPINION

SIMONS, J.

Pursuant to Probate Code section 2580 et seq.,1 a person subject to a conservatorship may invoke the jurisdiction of the probate court to execute a testamentary instrument. The probate court has discretion, circumscribed by the statutory scheme, to order a "substituted judgment" that authorizes a conservator on behalf of a conservatee to take necessary or desirable action to facilitate estate planning, when...

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