You might have read about Britney’s conservatorship which used to be a hot topic in the last decade. It was 2008 when the singer was put under conservatorship following a series of weird activities such as shaving her head and hitting a vehicle with her umbrella. It is not hard to find such cases of conservatorships in California.
As per the US law, a guardian interested in looking after a person’s daily activities and financial affairs following his or her physical or mental conditions can file a petition and the judge will appoint them as a conservator. So, what does that mean? Should the conservator be given the freedom to control the individual’s life the way they want? Isn’t there a fine line between a healthy conservatorship and abuse?
What is conservatorship abuse?
To understand conservatorship abuse, you must first understand what conservatorship is. It is a legal concept that allows a person to handle someone’s personal and financial responsibilities as they are not able to do it independently. The person taking the responsibility is called conservator and the ward put under conservatorship is called conservatee.
While the concept intends to promote physical and mental health among minors, elders, and other individuals who require assistance in their day-to-day activities, there might be some negative sides as well. You never know who is going to take advantage of the situation. As it is a legal process and the person has been officially appointed, it can turn into an abuse at any time.
There are several ways in which a conservatee may be abused. The abuse can be physical, emotional, financial, or all of it. The common way of conservator abuse in financially exploiting the person. Getting exploited by a loved one is not a good feeling at all. This can be extremely draining for the person, mentally and financially.
Are conservatorship and power of attorney the same?
Not at all. Conservatorship is offered to someone who is incapacitated, physically or mentally. On the other hand, power of attorney is given to a trusted person by a person of sound mind. While a conservatee is not able to make his or her own decisions, a person giving someone power of attorney is mentally fit.
How to put an end to the abuse?
The first step is to identify whether the abuse is real and in significant amount. Some common signs of conservatorship abuse include but not limited to manipulation, emotional abuse, gaslighting, bounced checks, frequent notices of unpaid bills, and making changes in wills. Any concerned person can keep an eye and take steps to protect the conservatee.
Once the exploitation is confirmed, the next step is to bring it to the court’s notice. Usually, it is done by the children of the conservatee who find them to be in wrong hands. They file a petition for conservatorship termination and request the court to either suspend, replace, or remove the conservator.
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