When loved ones can no longer handle their daily affairs on their own, it often becomes necessary for someone to take over the decision-making for them. California law allows conservatorships to be ordered by the courts, giving one person control over the other. The courts make these decisions as carefully as they can because of the amount of power given to the conservator. This means that the courts must rely on the honesty of that person, which may not be guaranteed.
For example, a court in another state gave a woman conservatorship over money intended for her two daughters. She was restricted from spending any of the money without the court’s permission. It was later discovered that she embezzled hundreds of thousands of dollars from her own daughters. She lied to the court when obtaining permission to withdraw funds.
She had forged documents in order to obtain the money. The only way she avoided spending more than 72 days in a Michigan jail was by putting the money back. Sadly, this type of abuse happens far more often than anyone would like to admit. Vulnerable adults and children do not always receive the care they deserve from a conservatorship.
If someone suspects that the conservator of a loved one is being less than honest with the court, it may take help to rectify the situation. A California attorney who regularly deals with conservatorships may help make the appropriate inquiries and figure out whether those suspicions are correct. It may be necessary to take legal action in order to fix the situation and make sure that the loved one gets the care he or she needs.
Source: lansingstatejournal.com, “Mother who embezzled $226K from daughters to spend 72 days in jail”, Christopher Haxel, March 15, 2018