Conservators Committing Fraud

A legally appointed guardian for someone unable to take care of his or her injuries or daily tasks is still subject to the same laws as family and friends that have the job of caring for the elderly and infirm family. If this person commits fraud, the penalties are severe if the evidence is sufficient to convict the person in a courtroom.

A conservator is a person the court appoints as a guardian to take care of another person that is unable to provide for daily living or to ensure the well-being of his or her body or mind. The courts appoint these conservators to act in the stead of the person and provide care along with helping him or her through life. With little oversight into these matters, many conservators are able to commit fraud and steal from each person appointed to them. This could lead to hundreds or thousands in stolen funds or goods. The conservator may even have the power to sell a house, other property or take over the estate of the person he or she oversees.

Conservator Fraud

Some conservators commit illegal acts while acting as the guardians of appointed elderly or infirm. In these cases, they could cash checks, transfer funds from a bank account, sell property and act as the power of attorney or healthcare power of attorney for a person of advanced age. By engaging in any of these activities without the permission of the estate owner could constitute as an illegal action. Taking funds from the elderly person under their guardianship, conservators may commit fraud. Often, it is only possible to take the conservator to court through an uphill battle and regain the rights of the individual after a lengthy fight.


Consequences to the Victim

Many elderly individuals in the care of conservators harmed through the association often remain in insufficient housing, mental facilities or group homes for the poor or infirm. Others suffer a total loss of estates or property. When the conservator commits fraud and takes everything from the individual, he or she may also cost the person his or her life. The elderly must fight to claim independence when the state remands them to conservators that do not know them or have any connection to them before the situation calls for a guardian. If the older person is able to live long enough, he or she could sue the conservator for the assets he or she stole.

Other consequences are more direct. Some conservators commit fraud with the estate, physically or mentally abuse the older individual, neglect him or her or exploit the person. The conservator often is a single individual with many of the elderly under his or her care. He or she may use the estate of each for whatever purposes he or she deems necessary even if that is not what the money or assets are for. When committing fraud, the conservator may exhaust the estate and put the older individual in a home that costs little or draws on the state.
Accountability in Conservatorships

When guardians steal from the elderly the courts order them to take care of, they may face legal recourse from the individual and criminal court for fraudulent actions. Paying back the older person is often one of the responsibilities of the guardian when he or she commits fraud against the individual. The family or the elderly affected by the instances of fraud may need to hire a lawyer to litigate. However, holding the guardian accountable is possible through obtaining proof of his or her actions during the conservatorship ordered by the courts. The lawyer may acquire additional proof through documentation of spending habits and paperwork with signatures.

While challenging the guardian is difficult, the individual may increase chances when he or she is sound of mind and able to hire a lawyer to help with the matter. Other situations increase the difficulty of pursuing the claim if the person under the conservatorship is legally deemed incapacitated. The court considers these elderly individuals as unable to make decisions for themselves. Reversing this is usually the first item to accomplish.

Legal Help for Conservator Fraud

The older person will generally need to hire a lawyer to pursue a case against the guardian that commits fraud. Reacquiring his or her assets and income is an uphill battle, but with legal support, it is possible to obtain. The lawyer will work to protect the elderly person’s rights and to seek just compensation.