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With Great power comes great responsibility (Probate conservatorships)

9/3/2018

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"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.





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  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
    • LPS CONSERVATORSHIP OVERVIEW >
      • POWERS OF CONSERVATOR >
        • Placement Powers
        • Medication powers
  • LPS Conservatorship Case Law
    • Disparate Treatment- Conservatorship of E.B
    • Conservatorship of KW- hearsay and jury instructions
    • Peremptory Challenges and Conservatorship of Gordon
    • Conservatorship of Sorenson privacy rights and LPS matters
    • Imposition of special disabilities- Conservatorship of Walker
    • Continuing Jurisdiction/Jury Instruction and Conservatorship of McKeown
    • Hearsay and conservatorship of Manton
    • Conservatorship of the Person of S.A.
    • In re Ben C- Wende Brief no issue writ
    • Writ of Habeas Corpus burden of proof
    • Conservatorship of Roulet- burden of proof
    • Special disabilities and due process- Conservatorship of K.G and Donna H.
    • Conservatorship of Davis and Third party assistance
    • Marsden hearings/ due process Conservatorship of David
    • Conservatorship of Torres and admissibility
    • Jury Instruction and Conservatorship of Law
    • Conservatorship of George H- jury instruction
    • Public Conservator's Exclusive Power to Initiate LPS Conservatorship Kaplan v. Superior Court
    • Constitutionality of LPS conservatorship- Conservatorship of Delay
    • Investigation report- Conservatorship of Ivey
    • Conservatorship of Jesse G
    • Grave Disability Standard and Jury trial notice Conservatorship of Benvenuto
    • Conservatorship of Kennebrew vs Conservatorship of Karriker
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • Conservatorship of Smith and strange behaviour
    • Jury Trials- ​Conservatorship of Jose B
    • Conservatorship of Baber and Double jeopardy and third party evidence >
      • WIP- Conservatorship of Tedesco
      • Conservatorship of Symington (1989)
      • Effective Counsel
      • Faretta and Marsden
      • Exceptions: Third Party Evidence
      • Present Grave Disability
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • YOUR DAY IN COURT
    • Deposition Sample
    • Conservatorship Legal Documents
    • Conservatorship proceedings >
      • Grave Disability
      • Venue
      • Conservator's Bond
      • When the Conservatee Goes AWOL
      • Involuntary Commitment
      • Conservatorship Factors
      • Riese Hearing >
        • Riese Hearing
      • Supplemental Security Income/ SSI >
        • Applying for SSI
        • Documents for SSI
        • Process and Appeal
        • Award Letter
        • Rep Payee
        • SSI Amounts 2018/2019
  • Public Conservator
    • CONSERVATORSHIP INVESTIGATION REPORT
    • CAREER >
      • Continuing Education
      • Public Conservator County Numbers '16
      • San Diego Public Conservator '19
    • LPS Conservatorship for Dependent Parents and Minors
  • New Updates