Conservator

Question: What can I do to get rid of a conservator over my fathers behalf? My father have a court order conservator.This conservator went through my fathers savings and used all the money that was saved and now he is trying to take the house away from my father and leave him with nothing. What can I do to fight the legal system. I have talk to attorney's but they want a retainer fee, but, they are not quarantee I would win the case. Why should I pay them if I am not going to win if I want to go against the conservator in court. Some one with legal knowlege or someone who is going thru or been thru this please acknowledge me. I need to know what to do.

Answer: If you don't hire a lawyer, you're guaranteed not to win. If you hire one, you have a chance. Lawyers don't get paid for results. They get paid for putting forth an effort on your behalf.

Question: What do i do if i am conservator or my parent that is hateful, uncooperative? I am recently a temporary conservator applying for permanent in 1 month. I was granted temp today and she is not cooperating. IE won't open the door, won't return my calls etc.. Anyone with any experience in this please advise. All i am being told is i can put her in a home and that is not why i signed up for this job. No home would likely keep her!

Answer: Contact your local Department of Social Services first. There are many advocacy programs for the aged that can assist you and your efforts. They can also point you in the right direction for other outside resources.

Question: What state/s are known for favoring the managing conservator of a child and will respect surrogacy law? I used a surrogate in the state of Texas and am the managing conservator of the child. The surrogate now is battling for visitation (surrogate is biological mother). My daughter is 4 and knows nothing about this woman. I am willing to relocate to quash or delay this request and need to know what states would be best to relocate to. States that will give me the most rights and best limit visitation to the shortest time possible. I'm hoping the distance will be a factor in itself.

Answer: Texas will likely be one of your best places to be. Depending on where you are in Texas, maybe you should just move to a more conservative area within Texas.

Question: What is the law on ssi checks not being given to the recipient by the recipient's conservator? My friend is a SSI recipient and her conservator refuses to pay her the monthly checks. What is the law for that in Texas?

Answer: A conservator is legally obligated to care for and maintain the person's finances. He has no obligation to give any money to the conservatee, as he/she has been determined to be unable to handle his/her own finances.

Question: does a conservator of an estate have the right to sell real estate that is part of a living trust? The deed to the real estate is registered as part of a revocable trust. Can the conservator petition the court to sell it? This is in Wisconsin.

Answer: It depends on both the terms of the trust and the terms of conservator's appointment. If the conservator has the same powers that the conservatee previously had over financial affairs AND the conservatee created the revocable trust and retained the power to revoke it, then the conservator could possibly petition for the sale. Also, if the trust is for the benefit of the conservatee and the conservatee needs cash to pay living expenses, a court might order real estate sold to support the conservatee. This is a complex situation, requiring a lawyer to give an accurate answer.

Question: How can I remove the conservator that is over me? I have a conservator over me and he is not doing me right. I never see him he always send someone else from the office. I want my life back and my assests. He has reached into my accounts and removed my money.

Answer: and you are how old ?

Question: What's the difference between a guardian and a conservator? I know a natural parent often acts as a minor's "guardian of the person." But I've also seen a custodial parent called a "conservator," which I guess means they are guardian of the child's person & estate? Can someone explain the legal difference to me?

Answer: "Conservator" is like a guardian of assets; not a person.

Question: How can I become a court appointed conservator? A co-worker told me that there is a class that is offered in this field of work, I plan on calling our local city college, but I was wondering if anyone had any idea of exactly what a conservator actually does, I have a fair idea, but I would like more information... Thank you

Answer: Read this. It's for Conneticut but a very good guide.

Question: Can you be appointed by a friend as their conservator if you are a felon? Can you be appointed by a friend as their conservator if you are a felon?

Answer: Only if the friend is an idiot.

Question: How much should I expect to pay for a conservator tospend 5 hours to repair and encapsulate an old letter.? One of my old documents is a letter that has not been protected and has been view numerous times. It has become separated at the folds and has 60 year old Scotch tape adhesive residue. It's double sided and about 10 X 16 inches. I looked at projects of students of UTexas and they had their times shown. I chose 5 hours because it was a representative amount and I didn't want the answer that it depends on how much time it takes. I already knew that.

Answer: A competent conservator will charge from $25 to $75 per hour. Curious - how did you arrive at 5 hours? If you haven't done so, get [free] advice from an archivist at a local museum or university or State Records agency.

Question: What rights does Britney have now that her father is the co- conservator over her affairs? Does it mean she cant spend any of her money without of conservators approval?

Answer: The right to a state appointed psychiatrist

Question: Are the family court people allowed to inspect the house of a potential conservator? My mom doesn't want her privacy invaded. Does she have to allow someone from court to inspect her house in order to get full custody of my sister?

Answer: Yes, it is normal for an inspection of the living arrangements before the court awards custody.

Question: What kind of work would a freelance archivist or conservator do?

Answer: For general career info: http://www.bls.gov/oco and can search 'Archivists, Curators and Museum Technicians' or such.

Question: Can you move an adult ward of the state without the conservator's permission? My son was granted a vacation from the hospital, however it was limited only to a specific area and not where he was committed. What liability if any will my husband encounter if he decided to bring him to the location anyway?

Answer: Probably none, but it isn't technically legal.

Question: What is the difference between a conservator and a conservatee when it comes to bank accounts?

Answer: The conservator has control of the account. The Conservatee is the person who owns the contents of the account -- & who is presumably missing, incompetent or otherwise incapable of dealing with the account.

Question: What steps would I take if I want to battle with a appointed Conservator over my dad's finances? My dad has a Conservator appointed over him. This conservator removed all his money and now is getting ready to take the house. What can I do to stop this? I myself can not afford an Attorney retainer fee because I am quoted $2K on up. So I want to go pro per or pro bono in court to save my father's house. I myself am the only heir living. Somebody give me info real quick the deadline is Mon. 10/16/06

Answer: BURN THE HOUSE LET EM SELL THE ASHES.

Question: Could some one answer this question regarding conservator's in California? What are the responsibilities of being a conservator in California. Does that person have the right to say who can or cant go see my mom. My sister has a past drug history, but that was three years ago, yet this person will not allow her to visit my mom unless he is with her. Yet on the other hand we have a young 25 year old girl living in the home, and takes care of my mom at night. and a nurse in the day. This young girl has movied her girl friend into the house and into her bedroom and lives there 24/7, she thinks we dont know. Also this girl who's movied in ,does not pay rent, buy food, or pay for any ulitities. That to me is not taking care of my moms money in an appropriate manner. My sister cannot go up there ,just to say "HI" yet this girl can live there for free. Could someone define the difference capacitys, of a conservator. .There is nothing on the papers stating her mental, and physical well being he is responsible for, just financial.

Answer: In California, conservatorships are "of the person" or "of the estate" or both. A conservator "of the person" can decide who will have access to the person and what conditions. A conservator "of the estate" can make the financial decisions. You need to double check the paperwork. If you think the conservator is doing a bad job, petition to replace him or her with someone who will do better.

Question: I am living with a conservatee who is my father, by law can the conservator ask for keys to our residence? The conservator is asking for keys to our residence and wants a list of my friends names and numbers who contact me by phone. Does she have the right by law to request these items if I dont feel that it is necessary for her to have this info or items?

Answer: I'm not a lawyer but I suppose it would depend on several things. Whether the person is conservator of the estate as well as the person, who is on title of the house, does father's estate planning docs allow you to live there? What powers did the court give the conservator? Conservator has no right to your personal, private information. Helpful info at http://www.stopguardianabuse.org Good luck.

Question: what are the steps for becoming a conservator-ship? what are the steps for becoming a conservator-ship is there any requirements ?

Answer: Conservatorship. http://www.expertlaw.com/library/estate_…

Question: If I am a Joint conservator of my child and I pay child support can I claim her on my taxes? how would i do this??? does she have to live with me the whole year??

Answer: if your child is living with her mother, the mother will be deemed the custodial parent and has the default right to claim her. If the rules for a child of divorced/separated parents apply, the mother *may* sign a waiver form, form 8332, to allow you to claim the exemption and child tax credit. You *must* attach this form to your tax return.