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socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39045
Experience:  Retired (mostly)
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We are in the process of conservatorship of our father who

Customer Question

We are in the process of conservatorship of our father who has demtia / alzheimer disease. Our attorney is beginning the process. However, we feel that he is currently being the victim of elder abuse in the fact that his current girlfriend, who knows he has this disease is telling him he doesn't and is in the process of getting my father to get into some agreement and he was told not to tell his children. We feel that we need to change and the process now to enact the emergency conservatorship. We understand that this is a temporary process to lock in place all our father's assets and money while the courts process begin their investigation of all parties for this conservatorship. Is this correct? Can we implement the emergency conservator ship now?
Submitted: 2 years ago.
Category: Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, If a vulnerable adult is diagnosed with an illness that renders the person unable to make financial or other personal decisions for him/herself, then an interested party (or, in some state jurisdictions, the government) can petition the court for an emergency protective order, to appoint a temporary conservator, or a "public guardian," who will control the conservatee's assets, until the court can make a final decision as to the conservatee's welfare. This is a fairly straight forward procedure. The stumbling blocks that most people encounter are: 1. The proposed conservatee doesn't believe that they are impaired, so they resist (sometimes violently) the conservatorship.2. The party or parties in interest cannot or refuse to pay the cost of having a physician/psychiatrist testify in court as to the condition of the proposed conservatee. Consequently, there is a delay in obtaining a protective order -- and during that interim, a person who has the trust of the vulnerable adult, misappropriates or simply spends the vulnerable adult's assets. The point is that if you really believe that there is a clear risk to your father's estate, then you need instruct your attorney act tommorrow! Every day that you delay is a day when some or all of your father's assets may simply vanish forever. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!
Expert:  socrateaser replied 2 years ago.
Hello again,
I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?
If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.
Thanks again for using!