The Conservator of the Person breaches their fiduciary duty by denying a conservatee their legal rights. These legal rights include:
Receiving visits from family members
A very serious breach of duty occurs when the Conservator of the Person does not advise the Court within 30 days of a Conservatee's change of address. Notifying the Court four months after the Conservatee has been moved, for instance, would be a breach!
One of the MOST important duties of the Conservator of the Person is to decide where the Conservatee will live.
California Probate law states:
"It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from his or her personal residence is appropriate, that presumption may be overcome by a preponderance of the evidence."
In this case, the Conservator of the Person breaches their duty when they move the Conservatee without the Court's knowledge or approval and when the do not schedule a hearing with the Court to demonstrate the preponderance of evidence needed to move the Conservatee out of their home. Probate Law in California is very clear regarding a Conservatee's right to live in their own home!
The Conservator's Handbook which can be found on the San Francisco Superior Court's website is a "must read" for all conservators, professional or non-professional.
The Handbook states the following:
"When a person becomes a conservatee, he or she does not lose the right to visit with family or friends.
When the Conservator of the Person does not allow visits with family or friends they are not only violating the rights of the Conservatee but they are violating the rights of the family members and friends who are denied visits. The Conservator of the Person has breached their duty.
The Handbook also reminds the Conservator not to isolate the Conservatee. Isolation can happen in a variety of ways. For instance, a caregiver hired by the Conservator of the Person refuses to allow family members to talk with the Conservatee on the telephone. An even more blatant violation and breach of duty would occur with the Conservator of the Person denies visits with the Conservatee's son and granddaughter, for instance.
In closing, if faced with a Conservatorship run away from it as fast as you can. If you have no alternative but to accept it, research the Conservator and beware of those professionals who offer one stop shopping. For instance, they advertise in-home care services, conservatorships, guardianships, daily money management, etc. One stop shopping is a HUGE red flag since there is no system for checks and balances and the Conservator is then free to do as they please with total disregard for the law and the well-being of those they conserve.Hope this information has been helpful and that you are NEVER a victim of a Conservator of the Person who breaches his or her fiduciary duties.
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