Q: Can a conservator remove a ward from his home w/o court authorization & refuse to disclose his location to family?
There was no abuse or cause for removal. The ward had f/t caregivers in his home & wished to remain there. He was placed in a facility & the conservator refuses to disclose the location to his son. They took TV & anything of value from house. The son was told to take his belongings because house will be fixed up for quick sale. No orders filed or prior notice given.
The son is the only heir of his fathers estate is the sole beneficiary on his father's trust. The terms of the trust state the purpose of the trust was to avoid conservatorship yet a private fiduciary was appointed as conservator AND successor trustee. He has rapidly depleted the funds in the trust (originally $1.6 million) including selling paid off properties below market value in order to pay his own fees & his self generated legal fees, with no regard for the interest of the sole beneficiary.
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- California
- (916) 704-3009
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- Answered
A:
In general, a conservator cannot remove a ward from their home without court authorization unless it is an emergency situation that threatens the ward's health or safety. If there was no abuse or cause for removal, it may be considered a violation of the ward's rights. Additionally, the conservator has a duty to act in the ward's best interests and to keep family members informed of the ward's location and well-being, unless there is a court order or other legal reason preventing disclosure.
If the conservator has acted improperly, the ward's son may have legal recourse, such as filing a petition with the court to challenge the conservator's actions or seeking the assistance of an attorney to advocate for the ward's rights. It may also be helpful to contact the court-appointed investigator or court-appointed counsel for the ward, if applicable, to report any concerns about the conservator's conduct.
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