How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37488
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Is it legal for the Conservator of a Woman who had a stroke

Customer Question

Is it legal for the Conservator of a Woman who had a stroke and is considered incompetent to continue to pay the rent for the daughter of the Woman who had a stroke if the Woman is a co-signer of the lease and paid the rent prior to her stroke? Coud the daughter who is a part of the Conservatorship get a loan from the Conservatorship?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Is it legal for the Conservator of a Woman who had a stroke and is considered incompetent to continue to pay the rent for the daughter of the Woman who had a stroke if the Woman is a co-signer of the lease and paid the rent prior to her stroke?
This appears to be a contractual obligation. As a consequence the conservator is required to make payments on behalf of the person who is being represented unless those payments are somehow not in the woman's best interest. The fact that she had a stroke is irrelevant as the agreement and obligation remains. Only if the landlord releases the person from the obligation does the rent no longer need to be paid.

Coud the daughter who is a part of the Conservatorship get a loan from the Conservatorship?
Only if that is in the best interest of the party covered under the conservatorship. Anything else would be a potential fiduciary duty violation as well as potential fraud and financial elder abuse. The courts could see it as a means of getting money out of someone who is helpless and would be tantamount to theft.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37488
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Could it be considered helping the Conservatee if the Conservatorship carries out the Conservatee's intent by helping her daughter pay her rent as she did before? Would the daughter become a dependent if her bills escalate?

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Ginger. Please allow me to respond.

I am not sure I see this as 'helping' and I doubt neither would the courts. Unless there is direct order from the initial party to provide such assistance, making such payments would ultimately harm the Conservatee as she and her estate would not be receiving any benefits from the transaction. Consequently I really do not see this as a positive or arguably a viable option to consider.

Good luck.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37488
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Would the initial party be the Conservatee or the people that formed the Conservatorship? Would the daughter who is part of the Conservatorship be considered a Dependent at this point instead of a Borrower?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Ginger.

The daughter, if she is a legal adult, is not really a dependent. She is a dependent only in situations where she is a minor, or deemed by the courts herself to be incompetent and unable to care for herself, or if she is disabled and has no means of caring for herself. Being a 'dependent' from the IRS perspective would allow the mother to claim her on taxes but there is otherwise no duty to provide care. In essence the daughter, if she is not disabled, a minor, or herself incompetent, is not entitled to have the mother or her estate care for her.

The 'conservatee' is the person who was deemed by the courts as being unable to care for herself, in this case the mother. The conservator is anyone whom the court places to care and make decisions on behalf of the conservatee. There are no other parties to this--if there are multiple parties who are listed as conservators, then they are all co-conservators to the conservatee.

Good luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions