Conservatorship and Exploitation of The Elderly

Posted by Martin Heller Potempa & Sheppard, PLLC on June 4, 2020

When you have a loved one who is ill or disabled, you expect that the conservator appointed by the court will have their best interests in mind. Unfortunately, that does not always happen. Many families experience exploitation at the hands of court-ordered conservators leaving them with unanswered questions and feeling betrayed. If you suspect the exploitation of your loved ones, here’s what you need to know.

Conservatorship Abuse

When the court appoints an individual as a conservator for an elderly or disabled individual, the conservatory is afforded certain rights and responsibilities for the person they are caring for including:

  • Executing documents
  • Purchasing
  • Voting
  • Managing property
  • Contracting
  • Health care decisions
  • Financial decisions

However, all too often, a conservator can take advantage of the individual, thus abusing their power. Much like undue influence by a family member, there are certain signs you need to be mindful of when it comes to conservatorship abuse.

This includes:

However, because conservatorship abuse can be done at the hands of someone close to the incapacitated individual, there are other factors to look out for, including:

  • New friends that show up in your loved one’s life who give them gifts
  • A new charity the person is donating to
  • Limitations in visiting with your loved one
  • New attorneys, caregivers, accountants, etc. who are working with the conservator to “help” your loved one
  • New suspicious bills

If you are fearful of the harm being done to your loved one’s estate, it may be time to seek legal advice.

Stopping Tennessee Conservatorship Abuse

The moment you suspect something is amiss in your loved one’s estate, you need to seek legal guidance. While Tennessee has improved many of the practices that have left families selling off a loved one’s estate wrongfully, individuals who are supposed to care for these people and make important decisions are still taking advantage of them.

In order to stop the abusive behaviors, you will need to show that there was an overreach in boundaries resulting in financial loss. This can be complicated as emotions are likely to be high. But it’s important for the sake of your loved one and the family.

Seek Legal Counsel with Martin Heller Potempa & Sheppard, PLLC

If you believe that a conservator in Nashville has taken advantage of your loved one, the probate litigation attorneys at Martin Heller Potempa & Sheppard, PLLC can guide you in pursuing legal action. No one should be exploited. And you should be able to stop it.

If you need legal guidance with any trust or estate issue, now is the time to act. Contact us today or call us at 615-800-7096 to set up an appointment.

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