California Court of Appeal

A trust instrument purporting to make a disposition to the trustor's former ombudsman was correctly deemed void; an ombudsman remains a "care custodian" within the contemplation of Probate Code section 21350(a)(6) (prohibiting a donative transfer to a care custodian) even after the ombudsman relationship with a particular resident has terminated when, as a result of the fiduciary relationship, the ombudsman has developed a personal relationship and acquired personal and financial information pertaining to the resident.

Appellate Information

• Decided 03/28/2002
• Published 04/18/2002

Judges

• BAMATTRE-MANOUKIAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Stephen S. Picone,Picone & DeFelippis, San Jose, for Petitioner and Appellant: C.J. Thompson.


• For Appellees:
  
• Ann Miller Ravel, County Counsel, Kathryn J. Zoglin and Tamara Lopez, Deputy County Counsel, for Objector and Respondent: Les Lindop, as Acting Public Administrator, etc., et al., Charles Allen Triay, Oakland, for Objector and Respondent: Troy Bunning and other heirs.