Meridian, ID asked in Probate and Social Security for Idaho

Q: Can a conservatorship use a minor conservatee's money to make mortgage payments on their house?

Then when the minor conservatee became of age, the conservatorship required the Conservatee to pay Rent to continue to live in the house his conservatorship money had bought

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2 Lawyer Answers
Nina Whitehurst
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  • Probate Lawyer
  • Crossville, TN

A: You should repost your question with more information. What is the relationship between the conservator and the ward? Who owns the house? Why was the conservatorship needed in the first place? What is the source of funds that are subject to the conservatorship? All of these facts matter.

James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA

A: A conservatorship typically manages the financial affairs of a minor conservatee for their benefit. Using the conservatee's funds to make mortgage payments on a house that will ultimately benefit the conservatee can be appropriate if it aligns with the minor's best interests. However, the specifics can vary depending on the court order establishing the conservatorship and any subsequent decisions made by the court. Charging rent to the conservatee once they reach the age of majority should be done in accordance with applicable laws and court orders, and it should not result in financial harm to the conservatee.

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