Conservatorship Disputes

When a family has a legal fight over conservatorships it is known as litigation.

The following are examples of my cases where a family fights

Mom has dementia and can no longer care for herself. She has five adult children. One child files for conservatorship because there are no estate planning documents that would address the problems. The other children oppose this. Each child is arguing that mom should come and live with them. This case was resolved in mediation with the help of a retired Judge.  All the parties sat together and discussed their feelings with the Judge guiding the process.

In another case, mom has dementia and can no longer manage her assets. There are two adult brothers. The younger brother filed for conservatorship to protect mom’s interest in her financial assets.  The older brother objected because he said he was the older brother and should’ve filed it himself.  Also he didn’t think mom really needed. This case was also resolved in mediation when the brothers sat down with a skilled mediator and talked about all of the issues. We found that issues from growing up together influenced their feelings about this case.

In another case, the elderly man needed a conservatorship because he could not manage his finances or make medical decisions. His life partner filed for conservatorship and this man’s younger brother objected.  The objection was that the younger brother did not like the life partner. A compromise was reached and the objection was resolved.  The brother’s attorney and I were able to resolve the problem so the case could move forward.

An elderly woman had Alzheimer’s and could not care for herself. Her four children filed for conservatorship.  The woman’s husband filed an objection because he didn’t get along with the children. This matter was resolved when everyone had a mediation with a very skilled mediator and discussed their feelings and what was in the best interest of the woman.  They were able to work together for what was in the best interests of the woman.

These cases are examples of a person no longer able to care for themselves because they cannot speak to their doctors or manage their finances or both. If they had signed estate planning documents that instructed who should be in charge if they could not manage their affairs a conservatorship would not have been necessary inmost cases. A conservatorship is always the last option. However in these cases there was no other choice. If you have questions call David Pastor for a consultation. He is always happy to sort out the issues and see what options are available.