Editorial: NEED FOR OVERSIGHT IN CONSERVATORSHIP SYSTEM

When my mother, Patricia C. Rosen, was put under conservatorship, I discovered the need for reform and public oversight.

For example, she was said to have dementia by professional conservators, attorneys and others profiting off her estate. The neuropsychological evaluator my mom hired by saving her scant allowance, as well as her doctor of 25 years, both found her competent but were ignored. Then the professional conservator resigned due to my "interference", and my mom was placed in the hands of the Public Guardian, Harry Hagan, whose office found her to be competent.  The Public Guardian needed its funds for those truly in need, so terminated the conservatorship that had been going on for over five years.  Unlike the profit-making network, there was no incentive to keep her under conservatorship. Conservatorship is a huge cash cow. Is there a conflict of interest here?

Also, conservators are supposed to justify their fees to the court.

In my mother's case, when the conservator resigned, there never was a final accounting submitted to the court. $83,000 of my mother's money was used up with absolutely no court oversight. I had wanted to contest many of the fees, as I felt the conservator had done wrongdoing, but was deprived of my right to do so. The judge at the time didn't try to stop this transgression of due process; in fact, he, along with the attorneys profiting off the estate, signed a court order allowing the conservator to be paid with no explanation to the court. Many other older persons are having their rights violated in this court system.  Oversight is important, the public needs to be watching.  One can help elders by being a watchdog and attending the probate court in Dept. 5 of the old courthouse building Thursdays at 9 am. Trouble is one can't hear what's going on at these "public" hearings. Other courtrooms have microphones. At a recent hearing a man in the audience informed Judge Stern that the public couldn't hear, but was completely ignored. I don't think the profit-making network wants us to know what's going on.

To find out more about how elders are abused by conservators go to the National Association to Stop Guardian Abuse (NASGA) website at stopguardianabuse.org

~Bryan Rosen, Monticeto

Source:
Need for Oversight in Conservatorships