How to remove a conservator?

Question

Hello,

My freind who is a little mentally slow is under a conservatorship now that both his parents are dead. For the past 8 months he has not been able to go anywhere without the conservators permission. Is that possible? I thought the conservator was in charge of a persons material and financial property. The reason I ask that question is because the conservator will not let my freind, go camping (3 days), or go out to eat (local)with me unless the caregiver comes along. I have know him for 18 years, and lived 4 houses down from him for over 7 years. I went to church with his family, and went on a few vacations with them when I was younger. This conservator is rude, inconsiderate, and is not looking out for my freinds best interest. Each day he wastes away in his room watching Tv, movies, and playing on the computer. What a life for a 31 year old. He is extremely depressed and is becoming mentally unstable because of this slavery.

My freind doesn't need a caregiver. He is a little slow, but he has been silverspooned his whole life by his family, because of that it has produced his lazyness. He has held a job in the past for over 3 years. And will work once he is motivated and confident.

Basically, I would like to know how I can remove his current conservator and if the courts verdict is he needs a conservator I would like to be his conservator. My freind hasn't done anything for the past 8 months because this conservator won't let him be free and enjoy time with freinds.

Also, my freinds family is split because the parents left an inheritance and they are arguing over who gets what. Selling the residence of 30 years etc. My freind know has his own attorney but I'm not sure what his purpose in all this is. Please help me help my freind.

Answer 1

You need to contact your local county bar association and tell them everything you have said here.  There is a away to correct this problem, but you will need an attorney with knowledge of the state law concerning the action that is necessary.  Generally the bar association will refer you to someone who will advise you on the best next step, or actually take the case.

Good luck

Answer 2

Conservatorships vary in terms of the authority given to the conservator.  But it does seem that, even if your friend's conservator was given broad authority that he/she is abusing that authority and exerting more control over your friend's life than is warranted.

I agree that you should consult with an attorney.  Conservators can be removed--although if it is a family member, that will be more difficult.  You might try contacting the protection and advocacy agency in your state for free advice and/or assistance.  Or, better yet, have your friend contact them.  Go to http://ndrn.org/ and use the Get Help in Your State menu.

Answer 3

Sounds like the conservator is guardian over your friend's person.  It's a bit like being a quasi-parent, which means he can supervise your friends comings and goings.

However, since your friend is not completely incapacitated then he can gain some emancipation.  In other words, the Probate court can order Limited Guardianship, which they actually prefer to do.

To prove Limited Guardianship he or an interested person needs to petition the court to have the guardianship modified or terminated.  The court will appoint a court investigator who will investigate the circumstances alleged in the petition to determine if a less restrictive guardianship is appropriate.  

The court may remove the guardian after a hearing if there are grounds to believe that he/she has neglected or cruelly treated the ward, or If he/she has failed to educate or maintain the ward.

The standard is by preponderance of the evidence, which only means about proving 51% likelihood.

If I were you, I would ask your friend to contact his Probate atty and see if this is something they can do for him.  If not, then he can petition the court himself.

Best of luck to you and your friend.