California recognizes that all adults are capable of handling their own lives and affairs, but that is not the case for all adults. The elderly and infirm may become incapacitated enough to require a conservator for the management of their livelihood and financial needs. Once a conservatorship is in place, it generally remains until death. But there are reasons that could merit you disputing the arrangement.
As the Superior Court of California says, families can arrange a conservatorship in the interest of their loved one, or courts may appoint a conservatorship depending on family capability. If said appointment concerns you or you have reason to believe elder abuse occurs under said conservatorship, it is up to you to bring these issues to light.
Why do you dispute conservatorship?
Perhaps your loved one has no need of a conservator anymore. An elder that recovers from a mental or physical impairment still has to remove themselves from a conservatorship with proof and advocacy.
In a worse light, there is elder abuse in a conservatorship. Unpaid bill notices and changes to the will may indicate that your loved one’s conservator is taking advantage of them. Financial fraud and embezzlement is just one of many angles that may indicate an abusive conservatorship. Physical harm and emotional manipulation are more red flags that merit your action.
How do you dispute conservatorship?
It may take time and patience to work through the process. Any party interested in disputing these arrangements must petition the probate courts for a termination. If unopposed, the court process may be relatively painless. But if contested, the case falls to proof and considering the conservatee’s best interests. It is vital you know your options and resources.
