Find Senior Care (City or Zip)
Join Now Log In
C
Concerned71 Asked July 2014

Can a woman (75) get legal assistance to reverse or at least moderate an unwanted conservatorship?

Nightmare scenario unfolds rapidly for elderly woman. House of 14 yrs. being sold against her will. She wants to stay in house , and is capable of living independently. Is there any legal help for the elderly to investigate these actions made against her will by a conservator-ship that is acting against her best interests? This woman needs legal help

vegaslady Jun 2016
Contact an elder law attorbey in your area. It's going to cost a lot.

Lovingdaughter2 Jun 2016
My father has a conservator of his estate and my sister is his guardian. He has dementia and lives in an assisted living facility. I believe the conservator is not doing his job since the state requires a three year accountability hearing and this hearing was not held until I contacted the probate court office asking questions. This is only one example. I have many more reasons why I want to petition the court for control of my father's estate. What is the process?

ADVERTISEMENT


pamstegma Jul 2014
Concerned 71, the two letters would have to be from psychiatrists. Judges will not accept a finding of competency, which requires some extensive testing, from a couple of office visits. The fact that more than one lawyer has turned her down is a hint that she won't win.

Concerned71 Jul 2014
Yes it is the same person. I am very concerned for this elderly woman. Apparently she was overwhelmed by the legal proceedings and did not realize the consequences of her inactivity until it was a done deal in May of this year. She couldn't believe her daughter, who she seldom sees, would disrupt her life so thoroughly. Now her daughter has control of her money and all assets. She says that she cannot find a lawyer to take her case because she has no money allotted for lawyers. My 82 yr. old mother( who lives in her own house) suggested she consider suing the daughter based on the 2 letters from independent doctors. Any ideas or support here?

pamstegma Jul 2014
Concerned71, conservatorship is not given lightly. This woman would have been summoned to court, and examined by a court evaluator (psychiatrist) as well as having her own attorney appointed by the court to represent her interests during the proceeding. Clear and convincing evidence was presented to a Judge who made the determination after hearing both sides.
You will not be able to undo this, so look for another place to live.

vegaslady Jul 2014
She needs a lawyer. That's what you said and that is correct. Didn't she have someone for her in court the first time around? Isn't this a duplicate question posted by same person asking for help in Eldorado County in CA?

Concerned71 Jul 2014
Apparently this has been going on for a year. Elderly woman has letters from two doctors saying she is healty enough to live alone. The second doctor said she has mild cognitive impairment from a stroke 6 yrs ago. Daughter has stepped in with her own doctor who says she is incapable of making her own decisions, and won a conservator-ship to handle all of her affairs, including selling the house she does not want to leave. I am wondering if she has grounds to counter-sue the daughter in order to stay in her own home, based on her doctors letters(2).

BarbBrooklyn Jul 2014
who is it who has pursued guardianship for her? Was she at the hearing?

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter