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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Is it legal for the Conservator of a Woman who had a stroke

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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?

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. and 2 other Legal Specialists are ready to help you
Customer: replied 4 years 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?

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. and 2 other Legal Specialists are ready to help you
Customer: replied 4 years 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?

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.