It’s painful watching a loved one become incapacitated due to an illness or injury, especially if they have no power of attorney and have to rely on a court-appointed conservator to make vital health and financial decisions for them. Common situations that require conservatorship include dementia, Alzheimer’s, and coma.
A conservatorship is a legal relationship between a conservator and a person, called the conservatee. The conservator manages financial resources on behalf of the conservatee if they’re unable to make decisions independently.
Unfortunately, some conservators can exploit their authority for personal gain in a way that’s detrimental to the conservatee’s interest.
If you think the appointed conservator isn’t suitable to carry out your loved one’s wishes, here’s how you can contest the conservatorship and win with the help of an estate planning attorney in Reno.
Who Can Contest A Conservatorship?
Anyone interested in the conservatee’s estate assets and personal welfare can contest a conservatorship, even the proposed conservator.
Common contestants include family members, business associates, and friends.
How Do I Contest A Conservatorship?
You need an estate attorney with a proven track record to contest a conservatorship. With the right representation, you’ll know what kind of arguments and evidence will be useful in court.
Suppose a conservatee is willing and able to testify in court to support your stance. In that case, the law will protect the conservatee’s rights and appoint you as the individual to safeguard their interest, even if a conservator has already been appointed.
Additionally, any evidence of suspicious financial activity in the conservator’s accounting or a supporting witness that can attest to the conservator’s fraudulent offenses can help you contest and win a conservatorship.
Steps of Contesting a Conservatorship
If you want to contest a conservatorship, you must inform all interest parties—that include the proposed conservator, family members, close friends, and another petitioner conservator if there’s any.
A proper notice needs to be served to these parties on time and according to the state’s law.
You will then be called in for a legal hearing where the judge will hear any evidence pertaining to the conservatee’s lack of mental capacity or incompetence. A conservatee’s spouse or immediate loved ones are generally considered to be appointed as conservators.
If a conservator has already been appointed, the judge will view the conservator reports and decide to replace the conservator accordingly.
If you want to ensure your loved one’s well-being by taking care of their welfare and finances according to their wishes and interest, get in touch with Kalicki Collier.
We house a team of reliable and experienced estate planning attorneys in Reno. We also offer tax planning and business planning services to our clients.
Contact us here for more information.