As baby boomers here in California and elsewhere reach retirement age, many of them also face the decline of their health. Many of them may need conservatorships to help care for them when they can no longer make decisions on their own. However, other family members may not agree with the actions of a conservator and may file litigation against the conservator to try to protect an elderly or otherwise ailing family member.
A conservator often has complete (or nearly complete) control over the course of a ward’s life. Even if a person under a conservatorship achieves a full recovery, it can be a challenge to end the conservatorship. Family members, however, may have an easier time stopping the wrongs perpetrated by the person a California court trusted to protect an individual at his or her most vulnerable time.
Greed may be a common theme in issues with conservators. Some less than scrupulous conservators may use the money and other assets of the ward for his or her personal gain. You may wonder whether the court should have had a clue regarding the conservator’s character, but background checks are often limited. In addition, the court may make the best decision it can with the information it is given.
If you have a loved one under a conservatorship and suspect foul play by the conservator, you may have legal options. It may first help to gain an understanding of what conservators are supposed to do, along with your family member’s rights. Thereafter, you may explain the present circumstances to an attorney who routinely handles conservatorships in order to determine whether wrongdoing is occurring, and if so, what can be done about it.
Source: nextavenue.org, “Abuses of Guardianship and Conservatorship in the U.S.: Protection or Exploitation?”, Emily Gurnon, Accessed on Jan. 7, 2018