L.A. Times Investigation Finds Serious Problems in Conservatorships

As our clients know, a conservatorship is a court process that takes away an adult person’s legal right to manage her own affairs and gives that right to a conservator appointed by the court. This firm regularly seeks and obtains conservatorships over developmentally disabled and incapacitated adults on behalf of their parents and others who care about them. 

The Los Angeles Times investigation has discovered, however, that many conservatorships do not follow this thoughtful and caring model. Most alarming, total strangers are being appointed conservator over adults who are not told about the proceedings until after their legal rights have been curtailed.

A few examples:

• One man first learned he was “conserved” when his credit card was denied at lunch.
• A disabled man’s food allowance was withheld, forcing his to rely on handouts for survival.
• One conservator bought her conservatee’s home cheap and then resold it for a profit of three times.
   

Even people who had nominated loved ones to act as Conservator found themselves under conservatorships established by strangers. Fortunately, these conservatorships can be overturned but only at great expense. 

The Times investigation also noted that many private conservators are caring ethical people who take care of elderly or incapacitated people who desperately need help. 

The Times’ advice? Establish a power of attorney, an advance healthcare directive, a nomination of conservator and a revocable trust. Good advice.

Comments

[cindy perri]

i feel that conservators are not totally honest about alot of things and they need to be watched more closely with everything they do, being the caregiver i am watched closely with everything i do.