With Great power comes great responsibility (Probate conservatorships)

"However, conservatorship in general was one thing; working for a conservator with a God-complex was quite another. Morgan was a conservator who enjoyed having power, who enjoyed wielding control over others, and who wouldn’t brook any contradiction once an order had been issued."
Court Appointed Priscilla Audette

Just a reminder that with any caretakers especially one who has control over ones basic rights needs to bear in mind that the conservatee has desires and wants regardless of impairment or whether they can speak or not.. Too often there are conservators who make decisions for their conservatees because they believe that they are making the right choices for the conservatee even if the conservatee objects. There are very few cases in practice where the conservator should overrule the conservatee's requests. The conservator in the case of a probate conservatorship should make decisions along the conservatee. 

There are many reports in the news about elderly celebrities struggling with their family members over money, placement, and who will serve as conservator. Brittney Spears, Casey Kasem, and Tim Conway are all examples of elderly people who have found themselves rendered unable to voice their own needs. The court and their conservators have taken it from them by assuming a totalitarian role over them. 

The most common example of conservators who overstep their role is when the conservator decides to place the conservatee in a locked facility against the conservatee's will. The conservator will isolate the conservatee from family and relatives for whatever reason leaving the conservatee worse off. This is more the case when the conservator is a professional fiduciary, a third party entity paid to serve as conservator". The conservatee may complain or express a desire to return home. The conservator may state in return that "I am the conservator and my wishes are final. THIS is the best placement for your own good. You may not know it but I do know what's best". This leaves the conservatee left in a unfamiliar place without any family or support system to help guide them. It is actually written in the books that the "conservator shall select the LEAST restrictive placement for the conservatee". Too often that statute is forgotten in the court proceedings. Yes the conservator can order higher level of placement but that needs to truly be a last resort. Take good care of the conservatee if you are placed in that role. Conservatorship is not carte blanche. Respect goes both ways.

"Least Restrictive Residence and Appropriate Level of Care The personal residence of the conservatee at the commencement of the conservatorship proceeding is presumed to be the least restrictive appropriate residence for the conservatee. Prob C §2352.5(a); Cal Rules of Ct 7.1063(b)."

Money is another issue that arises when the conservator is appointed for a conservatee with a substantial estate. The conservator may charge exorbitant fees for services leaving the conservatee's estate drained in the end. The conservator may also spend the conservatee's money for their own needs such as tickets to a game (real case in San Diego). The conservator may be sanctioned but in the end the conservatee is not reimbursed for the conservator's poor decisions.