Conservatorship Abuse

Conservatorships have been in the news a lot recently, but many people do not know what that is. As people age, they begin to lose the ability to take care of themselves and to identify and avoid scams. Because of this, scammers and other kinds of financial crooks prey on older people. If an older person keeps throwing their money away, then it may be time to take their financial power away in an effort to protect them.

Conservatorships are an area of trust and probate law that deal with one’s entire estate, assets, and finances. A conservatorship puts another person or organization in charge of someone’s financial matters or care when they are deemed unable to manage their own assets and affairs. These arrangements are typically reserved for those who are in their last years of life or who have debilitating mental afflictions that affect their decision-making skills.

Family court lawyers in Ontario litigate conservatorships to protect the conservatee’s assets and finances. Whether it’s dementia, the gullibility that comes with old age, or some other mental issue, older adults can fall victim to scams much easier than younger people. To protect their loved ones from financial exploitation, families often take control of their finances through a conservatorship.

A conservatorship in Toronto is an official arrangement that relieves the conservatee of control of their finances and gives it to a conservator. The conservator can be a third party or someone else in the family, such as an adult child or sibling. Whoever becomes a conservator will have court-ordered authority and responsibility for the affairs of the older person. Because family matters can get messy, Ontario attorneys for family issues recommend hiring third-party conservatorship services to handle these matters.

However, the good intentions behind a conservatorship do not always protect the conservatee from financial abuse. In some cases, the gross misuse of an older person’s finances can come from the conservator themselves.

End Conservatorship Abuse in Toronto 

Conservatorship abuse in Toronto can be difficult to fight. Afterall, the conservator can control the older person’s bank account, where they travel, and who they communicate with. They can also sell the person’s assets, such as vacation homes and antiques, making the older person feel alone.

Since they can control who the conservatee talks to, the conservatee often can’t reach out to their family to let them know what’s happening. In fact, the first sign that elder abuse lawyers in Ontario will tell families to look out for is social isolation. Cutting the conservatee off from their friends and family gives the conservatorship more power.

On top of being difficult, any lawyer for elder abuse in Ontario will tell you that they are also extremely expensive. They are extremely expensive to set up and they are extremely expensive to end. It’s also difficult for someone to pay for legal counsel when they do not have control over their own money or choices. Conservatees often have to seek approval before divorcing, marrying, and adopting kids. Conservatees cannot even pick their own lawyers; the conservator chooses them for the conservatee.

Signs of Financial Abuse

The Nursing Home Abuse Center has compiled a number of warning signs of elder financial abuse. In addition to misusing power over the elder’s finances, the abuser is probably also exercising other forms of financial abuse, if not verbal and physical abuse as well.

Financial abuse comes with a wide range of warning signs. Possible signs of elder financial abuse are:

• Forgeries on legal documents or checks
• Large bank withdrawals or transfers between accounts
• Missing belongings or property
• Mood changes (such as depression or anxiety)
• New changes to an elder’s will or power of attorney
• The elder signed strange documents they didn’t understand
• The elderly person does not understand their financial situation
• Unpaid bills and eviction notices
• Utilities being discontinued if bills weren’t paid
• Unexplained withdrawals that the elderly person could not have made

Hiring a Lawyer to Get Out of a Conservatorship

Conservatorships are extremely difficult to get out of. If it’s decided that the conservatorship should be voided altogether, there are a limited number of options for making that happen. A conservator is in charge until an official court order is issued ending their responsibility. This normally happens when:

• The conservatee dies
• The conservatee no longer needs this level of assistance
• The conservatee's assets are all used up
• The conservator resigns or can no longer handle the responsibilities. In this situation, the conservatorship itself does not end, but someone else takes over the conservator's duties.

Zimmerman Law LLP

Zimmerman Law LLP is a law firm for family issues, like those surrounding marriage, divorce, and adoption. These are personal matters, so it’s natural to become emotionally invested in your civil lawsuit; our attorneys can handle the legal process to minimize any stress that you may feel. Our attorneys are experts in civil litigation, ensuring that your lawsuit brings you the most favorable results. Our attorneys can help litigate:

• Restraining orders
• Divorce
• Child support
• Child custody
• Property division
• Trust and probate litigation

Our attorneys can also help you pursue compensation if you were in an accident and need to sue for damages. If you suffered a car wreck, bike accident, or were hit by a car as a pedestrian, we can get your personal injury lawsuit started. Our offices are located across greater Ontario, so accessibility shouldn’t be a problem. We’re also offering virtual services due to COVID-19. To see our full list of contact options, click here.