Court-Appointed Fiduciaries Wield Great Power
What Can Go Wrong And Potential For Abuse Of Power
Court-appointed conservators and other fiduciaries (such as guardians or trustees) wield enormous power over the dependent individuals and properties they are appointed to manage and protect. Court appointments supersede earlier Powers of Attorney, trustee nominations and the like and the appointed fiduciary is in complete control. Unfortunately, the system has real faults: reported abuse of power, conflicts of interest, lack of court supervision, cronyism, mismanagement, dereliction of duty, inappropriate delegation of duty and failure to accommodate a conservatee’s changing needs may fail the best interests of the dependent senior. Even when the system functions properly, appointments are costly and the conservatee’s assets become part of the public record. You can learn more about conservatorships on our website here: https://www.evanslaw.com/faq/conservatorships-and-guardianships-what-are-they/
If an acting conservator needs to be removed or replaced, the California and San Francisco probate and financial elder abuse attorneys at Evans Law Firm, Inc. can help. We represent seniors and other dependent adults needing a change in a conservatorship in order to better manage a conservatee’s personal or financial affairs. If a conservatorship is in place, our lawyers know how to monitor the situation to ensure it works in the dependent adult’s best interests. If you or a loved one need that kind of legal assistance, call us today at (415)441-8669.
The consequences of a flawed conservatorship or similar arrangement can be serious. One study conducted some years ago by the U.S. Government Accountability Office found that people in trusted roles such as conservators stole $5.4 million from wards over the period of the study. Our attorneys know the legal and professional standards to which appointed fiduciaries are held. We can identify cases when those standards are not being met and suggest an appropriate legal response. If the fiduciary has committed wrongdoing we can pursue all remedies available to the aggrieved elder including removal of the fiduciary, damages, and attorneys’ fees and costs for victims of any financial elder abuse.
Our experience is broad: we can help you and your family petition for conservatorships where advisable, litigate against any fiduciary who has breached his or her obligations and intervene where an acting conservator or other fiduciary needs to be replaced. If you or a loved one has a problem with a California conservatorship or has been a victim of a breach of fiduciary duty by a trustee or other fiduciary here in San Francisco or elsewhere in California or, contact Ingrid M. Evans and the other Evans Law Firm probate, trusts and financial elder abuse attorneys at (415) 441-8669, or by email at <a href=”mailto:firstname.lastname@example.org”>email@example.com</a>. Our attorneys have experience with complex securities cases, arbitrations, and mediations; and complicated financial contracts and large insurance companies. We can help guide your case through a jury trial or toward an equitable settlement. We also handle cases involving physical and financial elder abuse, other types of qui tam and whistleblower cases, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.