How to Remove a Conservator

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How to Remove a Conservator

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How to Remove a ConservatorWhen someone is legally appointed to manage the finances of another person, that’s known as a “conservatorship.” This is a beneficial option for those who aren’t able to manage their own money due to health concerns, mental illness or old age. There are also conservatorships for children who receive money.

Unfortunately, some conservators mismanage funds (intentionally or unintentionally), compromising the financial wellbeing of people who aren’t able to tend to their own affairs. While it’s normal to become angry or frustrated in these situations, you should know that you have legal recourse to remove an ineffective conservator and seek a replacement.

A conservator has a legal duty to protect and conserve the protected person’s money and assets. If the conservator fails to fulfill these duties and responsibilities, he or she can be removed from the position.

The first step in the process is to gather evidence. You will need to prove that the conservator has failed to perform the required duties. Evidence might include bank statements or copies of checks that show the conservator has not been acting in the best interest of the protected person (known as a “ward”).

These statements can be compared against the annual accounting that the conservator is responsible for filing. If you need additional information in order to prove the conservator’s mismanagement of funds and assets, you can petition the court for a more detailed disclosure of financial dealings. Look for an experienced probate litigation attorney to assist you with this process.

Your attorney will help you file a notice of appearance and submit the documents that show the mismanagement of the protected person’s funds.

If you need to get documents from the conservator or another party (such as a bank or other involved person), your attorney can serve what is called a “subpoena duces tecum.” If you’re not able to get the necessary documents for evidence, you may need to work with the court to obtain them.

After you and your attorney have submitted the documentation, the court will rule on whether the conservator should be removed and, if so, will appoint a successor.

The courts, and the state and county governments, take very seriously the rights of vulnerable children and adults. The court accountant’s office closely monitors conservatorships. The court accountant, however, is merely reviewing annual accountings. If you or another family member discover before that review that money is being stolen or misused, you or the family member should take immediate action.

It’s important to act quickly in situations where money or assets are being stolen. Such quick action will increase the likelihood of recovering lost funds.

If you have questions about how to remove a conservator, please contact our office. We’d love to help.

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2 Comments

TREVOR HILSENBERG

April 11, 2016at 1:17 pm

Hello my name is Trevor Hilsenberg I need major help in ending my conservartorship and my lawyer was court appoint at this point in time i am unable to get legal help from the court house I saw a judge last year back in december 14th unable to get a request from the judge to end it I even have certain evidence and still the judge did allow me to end it sad to say that my mom and dad has pasted away not going to say what but my well being out here in california are in my mind considerd to be at high risk there are too many problems and concerns about my well bening I want to move out of the group home I was lied to in front of everyone even my best friend I think has not seen me in over 3 years having a few kids didnt stop him befor seeing his friend which is me and other things sad to say mom and dad did not leave will so it sounds like Im stuck in this awfull group home I need to get out of that group home before something happens to me there another thing did happen to ne while I was there had a hernea for two years and did nothing about I mean nothing about then finally a call came through that doctor would perform surgory on me they did was out 16 hours and was in the hostpital for 2 weeks I said no vistitors except friends and family and there not my friends or family so they came anyway did not like that one bit and plus they brought there laptop or ipad in with them in my room not once but twice these people are crazy to do that te only one that i did allow was my laywer he was ok but now for the both of them there not ok to be with nor is it ok to talk to e ever again I think ill leave the rest Ill say more about this again when directed to the right place thank you

    Paul Deloughery

    July 13, 2016at 9:13 am

    Do you still need help? Give us a call at 602-443-4888. Paul Deloughery

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