Fighting conservatorship abuse is a complex and emotionally-charged topic. Seeing a loved one ignored or taken advantage of by the person or persons charged with caring for them is extremely disappointing and difficult. In the following, we’ll cover how to file a petition to suspend or remove an abusive conservator, and how a conservatorship attorney may use litigation to secure a new conservator or to terminate a conservatorship altogether.
FULL ARTICLE: https://rmolawyers.com/how-to-fight-c...
0:00 Introduction
0:27 How to Fight Conservatorship Abuse
1:56 What is the definition of conservatorship?
2:31 What is conservatorship abuse?
2:54 What are the signs of conservatorship abuse?
3:14 Unpaid Bill Notices
3:25 Changes in Family Gifting
3:40 Changes in Wills
3:58 Bounced Checks
4:18 Can a conservatorship be contested in California?
4:42 How to petition to terminate or end a conservatorship
4:53 Retain Counsel
4:58 Submit Petition
5:05 Receive Notification of Hearing
5:11 Attend Hearing
5:39 How to Contest a Conservatorship or Dispute a Conservatorship
6:07 Is conservatorship the same as power of attorney and guardianship?
6:50 Advanced Healthcare Directive
7:17 How much does it cost to fight conservatorship?
7:36 Do I need a conservatorship litigation attorney near me?
How to Fight Conservatorship and Conservator Abuse --
To fight conservatorship and conservator abuse, the first thing to do is consult a conservatorship attorney experienced in suspending, removing and appointing new conservators. In many cases, like at RMO, the initial consultation is free. In many cases, a majority of the conservatorship attorney fees and costs will be paid from the estate when your conservatorship dispute is won or settled. Of course, protecting your loved one remains the priority, but the reality is that costs must be considered.
The most popular reason to dispute a conservatorship is simple: The conservatee no longer needs a conservator to make financial or life decisions for them. Example: their previous medical or mental condition is gone. In this case, the conservatee may file a petition to stop or terminate the conservatorship, as detailed below.
Other common reasons to fight conservatorships are more complicated: The conservatee or their family feel that the conservator is not acting in the best interests of the conservatee. In this case, they may want financial assets returned to the conservatee, or other damages recouped.
And lastly, we often speak to conservatees, or their family members, hoping to change the conservator to somebody they prefer. In many cases, if it’s in the best interests of the conservatee, the current conservator often will agree to this change, with some simple discussions or negotiations. In other cases, it may require litigation, see below.
What is conservatorship abuse?
Conservatorship abuse can take many forms, from physical abuse (e.g. beatings, bed sores, broken bones), emotional abuse (e.g. verbal abuse, undue influence), or financial abuse (e.g. financial affairs in disorder, unduly influenced gifts, theft of money, property or real property).
How to Contest a Conservatorship or Dispute a Conservatorship
If you suspect your loved one is the victim of abuse by a conservatee, you will need to bring your concerns to the attention of the court. Typically, it is the children or family of the conservatee who contest or dispute the actions of the conservatee. Retaining counsel to help you investigate your concerns and present them to the court clearly will give you the best chance of convincing the court that the conservator needs to be suspended, removed and/or replaced.
Do I need a conservatorship litigation attorney near me?
We recommend finding an experienced conservatorship litigation attorney familiar with the county probate court in the county where the conservatee lives. For example, if the conservatee lives in Los Angeles, we recommend working with a conservatorship lawyer in Los Angeles. A Los Angeles conservatorship lawyer will generally be more familiar with the Los Angeles Superior Court Probate Division, versus an out of state attorney.
Have questions? At RMO, we protect people like you everyday.
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Call (424) 320-9444 or email [email protected]
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About RMO Lawyers:
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation
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