It all started with an investigation by the probate conservatorship office that lead to a recommendation that he be removed. When I showed up to court the apposing side said they “hadn’t seen the report” (lie) so, the hearing was extended for another three months. Meanwhile, I asked the judge to appoint a PVP attorney to conduct an investigation for my mothers health was seriously deteriorating. After a few interviews with my mom, thankfully she reported that my mother also needed a new conservator.
Rule number one: Document document document. Document everything.
So, last week I stood before the judge and everyone was discussing financial abuse, and I stood there thinking what about the psychological abuse? What about her isolation, her apparent depression, and mental decompensating. No one seemed to address this issue so, when it came my time to talk I flat out told the judge the real crime, despite financial elderly abuse, is the mental abuse. I made an argument that it wasn’t about money, and I had the documentation from the probate investigators office, coupled with the PVP report, to prove my point.
Rule number two: Shift the narrative to cover all aspects of conservatorship abuse, not just financial.
After my speech, the court room was silent. People looked at me like I was the crazy but, not the judge. He heard me, he listened to me, and he granted the temporarily removal. Sadly, the conservator still has control over my mother’s trust, which is a huge problem given the fact he’s blown through a massive about of my mothers money since his appointment but, hopefully at the next hearing the judge will be able to permanently remove him from all aspects of my family.
Rule number three: Don’t give up.
I share this story with you cause I have come across numerous people in probate that have difficulty removing conservators from what appears to be a serious crippled legal system but, there is hope. If you stay in the game, document a narrative that shows incompetence and point out the mental component when addressing abuse you have a chance. You should never give up, despite the constant continuances and BS that goes on with lawyers.
Rule number four: Always keep in mind that God is good.
Throughout all this, I have become closer to God. I have leaned on him, prayed to him, and have believed in him. So come November, I go back to court to see if his removal can be permanent and, after a year of hard work, persistency, and prays to the Lord above, I see the light at the end of what has been a wrenched tunnel. And, if you ever find yourself in this mess, take my rules, and so can you.
Full Article & Source:
4 Tips on How to Remove a Crooked Conservator
I think this person was lucky and I am happy about that!
ReplyDeleteMe too!
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