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The conservator has the power to collect all the conservatee's assets, pay bills, make investments, etc. The conservator must seek court supervision for major transactions, such as purchase or sale of property, borrowing money, or gifting of assets.
The Principal can override either type of POA whenever they want. However, other relatives may be concerned that the Agent (in most cases a close family member like a parent, child, sibling, or spouse) is abusing their rights and responsibilities by neglecting or exploiting their loved one.
Yes, a conservatorship can be contested in any state. Sometimes, the simplest way to contest a conservatorship is to object to the petition for conservatorship to stop the conservatorship in the first place, or to file a competing petition for conservatorship.
The person who successfully petitions for a conservatorship will have the authority over your mother and the power of attorney will no longer have any effect. A caution though that the Power of Attorney or another estate planning document...
If you want to get off of your conservatorship, you have the right to have a rehearing. You can ask for a rehearing right away, but once you have one, you must wait another six months before having another one.
Can a guardian live in a different state from the protected person? Response: Yes.That said, proximity to the protected person could be an important factor in a court deciding between two candidates to serve as guardian.
While there are a variety of ways that an elderly individual may be abused or exploited, one of the most common types involves financial exploitation. A common way for an individual to take advantage of an older individual is to become his or her conservator, or guardian.
No. The conservator is not liable for the acts or debts of the incapacitated solely by becoming a conservator. However, the conservator can become responsible and liable if he or she grossly mismanages or steals the incapacitated's assets.
Yes. Conservator of estate may file civil action in name of conservatee.