As they age, the older adults in our community may require additional support and care to ensure their well-being. This is why conservatorship exists. It is a legal arrangement that grants a responsible individual the authority to make decisions on behalf of the elderly. Still, not all conservatorships run smoothly. What if you believe a conservatorship is not in the best interest of your loved one?
Can conservatorship be contested?
The answer is yes. California law allows interested parties to file objections. This may include anyone who believes the conservatorship isn’t in the best interest of the elderly individual. Family members, close friends or those under the conservatorship themselves can contest it. Valid grounds include:
- The conservator is not acting in the best interest of the conservatee
- The conservator is mismanaging the conservatee’s finances or property
- The conservator is mistreating and abusing the conservatee
- The conservator is neglecting the conservatee’s needs
- The conservatorship is no longer necessary
The state recognizes that circumstances change. What once seemed like the best solution to provide your loved one with care and support may no longer be appropriate.
Taking matters to court
The process begins by filing a petition with the probate court. This petition must outline your concerns and provide evidence to support your claims. The court will then schedule a hearing. During this hearing, you will present your case and the conservator will have an opportunity to respond.
What to expect
Court proceedings can be challenging. You’ll need to gather substantial evidence, including financial records, medical reports and witness testimonies. The judge will consider the evidence, the conservatee’s wishes and the conservatee’s overall best interests. The potential outcome may also vary. The court may decide on any of the following:
- Terminate the conservatorship: If the judge finds that the conservatorship is unnecessary or harmful
- Appoint a new conservator: If the current conservator is deemed unfit
- Modify the conservatorship: To better meet the conservatee’s needs
Contesting a conservatorship is undoubtedly a complex and emotionally charged process. Regardless of the result, the goal is always to ensure the best care and protection for your loved one.
Advocating for an older adult’s rights
Dealing with conservatorship laws can be daunting, especially when you believe an elderly’s best interests are at stake. If you believe a conservatorship is not serving its intended purpose, you have the right to seek a resolution prioritizing your loved one’s well-being.