While acting as guardians for the elderly or infirm, some conservators do illegal things. They could cash checks, transfer money from a bank account, or sell the property. In such cases, they can also act as power of attorney, healthcare power of counsel, and power of attorney for an elderly person. Any of these actions could be considered illegal if they are not authorized by the estate owner. Conservators may be guilty of fraud by taking money from an elderly person they are guardians of. It is not always possible to bring the conservator to court and win the rights of the individual.
Consequences for the Victim
Many elderly people in the care of conservators are often left in inadequate housing, mental facilities, or group homes for the weak or infirm. Others are left with no property or estates. The conservator may also take the life of the individual if he or she commits fraud. When the state takes an elderly person to a conservator, they must not be able to deny them their independence. They may not even know the individual or have any connections to them. If the elder person is able, he/she could sue the conservator to recover the assets that he/she stole.
Others have more severe consequences. Other consequences are more severe. Some conservators commit fraud, abuse or neglect the elderly person, or exploit them. A conservator is often a single person who takes care of many elderly. The conservator may use each estate for any purpose he or she sees fit, even if the assets or money are not being used for that purpose. The conservator can use the estate to put an older person in a home that is less expensive or draws less from the state if he or she commits fraud.
Accountability in Conservatorships
Guardians who steal from elderly people the courts have ordered them to care for may be subject to legal recourse from both the individual and the criminal court for fraud. When a guardian commits fraud against an older person, it is often one of their responsibilities. A lawyer may be necessary to represent the elderly or their family in court. The courts will require proof to hold the guardian responsible for his or her actions. Additional evidence may be obtained by the south surrey divorce lawyer through documentation and signatures of spending habits.
Although challenging the guardian can be difficult, it is possible to increase the chances of the person being successful if he or she has a sound mind and can hire a lawyer. If the person in conservatorship is legally incapacitated, it can make it more difficult to pursue the claim. These elderly people are deemed incapable of making their own decisions by the court. This is often the first thing to do.
Legal Assistance for Conservator Fraud
To sue a guardian for fraud, the older person will usually need to hire a lawyer. It is difficult to reclaim assets or income, but legal support is possible. A lawyer will protect the rights of an elderly person and seek fair compensation.