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Tag: Conservatorship

Elder Exploitation

How Courts and Guardians Exploit the Elderly and their Estates

July 14, 2020
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A California man spent $50,000 in legal fees freeing his stepmother from the clutches of a so-called guardian in Las Cruces, New Mexico, who charged $140,000 for services over a year’s time. – – – – – – – – – – Prosecutors in Pinellas County, Florida, on Nov. 15 charged Traci S. Hudson, guardian and then-president of the Pinellas County Guardianship Association, with felony exploitation of an elderly person. She’s accused of stealing $541,541, via charges of $1,600 per day, from a 92-year-old man she persuaded to assign his power of attorney to her. Within 10 months, she allegedly…

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Probate Advocate

Probate Watch

June 30, 2020
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This Organization Wants to Improve the Probate System Probate Watch is made up of groups of people whose lives and loved ones have been impacted by probate court guardianship and conservatorship.  They are actively lobbying their legislatures and state organizations to drive change. If you have been impacted by the probate court’s guardianship or conservatorship, you can take their survey, which helps to collect data that will be used to drive change within the probate courts. Probate Watch focuses on Minnesota Probate; however, you can complete their Minnesota Survey or any other state. LET YOUR VOICE BE HEARD! Along with…

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Do You Need a Will

I Don’t Own Anything, Why Do I Need a Will?

June 29, 2020
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First let’s make sure that is an accurate statement. Do you have a car? Do you have a bank account; checking or savings account? Do you have a 401K plan where you work? Do you own a timeshare? Do you own any collectibles like shoes, clothes, art,…? Do you have furniture? With just that short list above, you could own a number of things when you stop to think about it. First, take time to think about the things that you own, then make a list. Second, go over that list and determine is you want a certain person or…

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Durable Power of Attorney is Important

Why a Durable Power of Attorney is Important

June 27, 2020
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Three reasons why a durable power of attorney is important -1-  The proper execution of durable power of attorney can help to avoid the costs, delays, and emotional distress of mental capacity evaluation proceedings. -2-  You don’t have to risk the court appointing a conservator or guardian that may not be in line with your wishes. -3-  Activities and transactions occurring via a durable power of attorney are kept private. With a court-appointed guardian and conservator, court supervision is part of the deal and actions taken on behalf of an incapacitated person are recorded and can be accessed by the…

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Probate Court

Judge Ignores Daughter & Father; Appoints Outside Conservator

June 24, 2020
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Susan Evans goes to court to become guardian and conservator for her father, James Belew.  Even though Susan has a fully executed power of attorney for her father, the court ignores it.  As it turns out, after dementia set-in on James, the step-mother got a power of attorney signed. So, instead of appointing either Susan or the step-mother to be the conservator, the judge first appoints a “temporary” conservator and a guardian-ad-litem until a full hearing can be held. The father tells the guardian-ad-litem he has chosen his daughter and wishes for her to be the conservator, but the court…

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Terri Schiavo Case

Remember Terri Schiavo – Incapacitated at 20

June 22, 2020
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At 20 years old, Terri Schiavo had a catastrophic collapse. Unfortunately, she did not leave written instructions (a health care directive) expressing how she would like to be cared for if something happened to her. Complicating matters, her family (Terri’s parents vs. Terri’s husband) did not agree on what her wishes would be, so the courts had to intervene to determine what she would want. Terri Schiavo was in her home when sudden cardiac arrest occurred. She was successfully resuscitated but was left comatose. The doctors who examined her believed she would never emerge from her coma. Her husband wanted…

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