Conservatorship and Estate of E.P. CA2/6

Filed 2/25/22 Conservatorship and Estate of E.P. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

Conservatorship of the Estate 2d Civil No. B310235 of E.P. (Super. Ct. No. 1132787) (Santa Barbara County)

SHARON C. KENNEDY, as PUBLIC—REDACTED Conservator, etc., VERSION OF OPINION

Petitioner and Respondent, Redacts material from sealed v. record.1 (Cal. Rules of Court, rules 8.45, 8.46(f)(1) and (f)(2).) ANNE P.,

Objector and Appellant;

E.P.,

Real Party in Interest.

This case involves material from a sealed record. In 1

accordance with California Rules of Court, rule 8.46(f)(1) and (f)(2), we have prepared both public (redacted) and sealed (unredacted) versions of this opinion. We hereby order the unredacted version of this opinion sealed.

1

A conservator petitioned the probate court for substituted judgment to amend the conservatee’s revocable trust. (Prob. Code,2 § 2580 et seq.) At the conservatee’s request, the trial court sealed portions of the record. The conservatee’s sister and potential heir objected to the petition and sealing order. The probate court granted the petition with the record sealed. The objector appeals. We affirm.3 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.