Defending Your Interests in Guardianship and Conservatorship Matters
Imagine discovering that your elderly mother’s savings have been depleted, leaving her unable to afford basic necessities. You review her bank records and find unusual withdrawals from her accounts as well as investments being liquidated without explanation. When you confront the conservator responsible for managing her finances, their explanations are vague and your concerns are dismissed. You quickly realize that this is more than just poor asset management—it’s a breach of trust, a failure of duty, and your elderly parent’s future is at stake.
Now consider a scenario in which your adult brother, who has been under a court-appointed guardian’s care due to severe developmental disabilities, shows signs of neglect. His hygiene is poor, he seems malnourished, and he is withdrawn. When you try to discuss these concerns with his guardian, they assure you that everything is under control, but your brother’s condition tells a different story.
These are not just hypothetical situations—they represent real scenarios where guardians or conservators have failed in their fiduciary duties. At Reuter Corbett, we know the impact these breaches can have on families and will fight to hold the wrongdoer accountable. Talk to us about next steps during this difficult time.
Why Choose Reuter Corbett for Guardianship / Conservatorship Litigation?
An attorney who handles guardianship and conservatorship litigation must be compassionate but also aggressive in protecting the rights of your loved ones. When you work with Reuter Corbett, you benefit from:
- Experienced Fiduciary Litigators: Our attorneys have a wealth of experience in handling complex fiduciary litigation, particularly in cases involving guardianship and conservatorship. With our extensive knowledge of state laws governing these arrangements, we are committed to protecting your loved one’s interests.
- Unyielding Advocacy: We believe in holding fiduciaries accountable when they fail in their duties. Whether the issue involves a financial matter, neglect, or abuse of authority, we will fight relentlessly to ensure that justice is served.
- Strategic Legal Action: Fiduciary breaches often require swift and decisive action. Our team can quickly assess the situation, gather necessary evidence, and pursue legal remedies, including petitions to remove the offending guardian or conservator and seeking restitution for damages caused.
Choosing Reuter Corbett means choosing legal counsel that genuinely cares about your loved one’s well-being. Let us help you make these important decisions with confidence and peace of mind, knowing that your family is in capable and caring hands.
Recognizing Breaches of Fiduciary Duty
Guardians and conservators are entrusted with important responsibilities, and when they fail in these duties, it can have devastating consequences. Understanding what constitutes a breach of fiduciary duty is the first step in determining when litigation is necessary.
Financial Mismanagement
One of the most common breaches involves the mismanagement or outright theft of the ward’s assets. This can include unauthorized withdrawals, inappropriate investments, failure to pay bills, or using the ward’s assets for personal gain. For instance, a conservator may liquidate an elderly person’s retirement accounts without consulting them or their family, leading to financial instability and loss of vital resources meant to sustain them through their remaining years.
Neglect of Care
A guardian’s main responsibility is to ensure the protected person’s well-being. If the guardian fails to provide necessary medical care, neglects the ward’s personal needs, or places them in unsafe living conditions, this constitutes a serious breach of duty. For example, a guardian might ignore the medical needs of a person with severe disabilities, leading to deteriorating mental and physical health or even life-threatening situations.
Abuse of Authority
Fiduciaries have a legal and ethical obligation to act in the best interests of the person under their care. When a guardian or conservator abuses their authority by making personal decisions that benefit themselves rather than the ward, it’s a clear breach that may warrant legal action. An example could include a guardian selling a ward’s property and diverting the proceeds to their own accounts rather than using the funds to care for the ward.
Failure to Comply with Court Orders
Guardians and conservators are required to follow specific court orders and guidelines in managing the ward’s affairs. Failure to comply with these orders can lead to significant harm and is grounds for legal intervention. For instance, if a conservator is ordered to provide regular financial reports to the court but fails to do so, it could be an indicator of mismanagement or fraud.
When Fiduciary Litigation Becomes Necessary
If you suspect that a guardian or conservator is failing to make sound decisions, it’s important to consult with a Portland fiduciary litigation attorney as soon as possible. At Reuter Corbett, we approach each case with the seriousness it deserves, knowing that the stakes are high. We work closely with our clients to:
- Investigate Allegations: We thoroughly investigate claims of fiduciary breaches and gather the evidence needed to build a strong case. This may include financial records, witness testimonies, and expert evaluations. In cases of financial mismanagement, we may bring in forensic accountants to trace the flow of funds and identify any unauthorized or suspicious transactions.
- Pursue Legal Remedies: Depending on the severity of the breach, legal remedies may include the removal of the guardian or conservator, restitution of mismanaged funds, or damages for harm caused by neglect or physical and financial abuse. We will file the necessary petitions and represent your interests in court to help ensure that the fiduciary is held accountable for their actions.
- Provide Ongoing Support: Fiduciary litigation can be emotionally draining, so we keep you informed and empowered throughout all legal proceedings. Besides rectifying the wrongs committed, we strive to restore your peace of mind by ensuring your loved one is cared for by someone who is committed to their well-being.
The Impact of Fiduciary Breaches
The consequences of fiduciary breaches can be severe. Poor financial decisions can drain the resources needed for medical care, housing, and other essential needs, leaving the protected person destitute and dependent on public assistance. Neglect and abuse, on the other hand, can lead to physical and psychological harm, diminishing the quality of life for those who are already vulnerable.
In some cases, fiduciary breaches can also lead to a loss of trust within the family, causing rifts between relatives who may have differing opinions on how the ward should be cared for. Taking legal action to address these breaches is a challenging process that requires the skill and dedication of a Portland guardianship attorney.
FAQs
What Should I Do If I Suspect a Breach of Fiduciary Duty?
If you think that a guardian or conservator isn’t doing their job, it’s important to act quickly to protect your loved one. Time matters in these situations, and waiting can lead to more harm or financial loss. Here’s what you should do:
Keep Track of What’s Happening: Start by noting down anything that seems off. This could include strange financial transactions, changes in your loved one’s behavior, signs of neglect, or poor living conditions. Take pictures, save bank statements, and gather any other documents that show what’s going on. These records will be helpful if you need to take legal action.
Talk to the Guardian or Conservator: Sometimes, having a direct conversation can help clear things up. Ask them about your concerns and see if they can explain what’s going on. Make sure to write down the details of your conversation, including the date, time, and what was said. This will be useful if you need to show that you tried to resolve the issue.
Discuss Your Concerns with Family or Friends: If you’re comfortable, talk to other family members or close friends about what you’ve noticed. They might have seen similar issues or have other information that could help. Working together with others who care about your loved one can make your case stronger.
Get Legal Advice: If things don’t improve, or if you believe that the guardian or conservator is acting inappropriately, it’s time to talk to a lawyer who knows about fiduciary issues. An experienced attorney can help you understand your options and what steps to take next.
At Reuter Corbett, we start by listening to your concerns and reviewing the information you’ve gathered. If your loved one is in immediate danger, we can ask the court for temporary measures to protect them. This might involve suspending the guardian or conservator’s authority until things are sorted out.
What If the Guardian or Conservator Has Already Caused Harm?
At Reuter Corbett, we’ll work with you to understand the full extent of the harm and determine the best way to address it. One of the first steps we might take is to ask the court to remove the guardian or conservator from their position. If they’ve already caused harm, they shouldn’t be allowed to continue. We’ll help you file the necessary paperwork and present your case to the court, showing why this person should no longer be trusted with your loved one’s care or finances.
If the guardian or conservator has mismanaged funds or caused financial harm, you may be entitled to restitution. This means getting back the money that was lost or misused. We’ll work to trace the funds, identify where the money went, and pursue all available avenues to recover what’s been taken. In some cases, this might also involve filing claims against bonds or insurance policies that were supposed to protect against this type of misconduct.
If your loved one has been physically or emotionally harmed, we’ll help you pursue compensation for their suffering. This could include covering medical bills, therapy costs, and other expenses related to their recovery. We’ll also explore the possibility of filing a civil lawsuit for damages if the harm was particularly severe.
Taking action when a guardian or conservator has caused harm isn’t just about stopping the damage—it’s about making things right for your loved one. At Reuter Corbett, we’re here to provide the legal support you need to protect your loved one’s future and hold those who have failed in their duties accountable.
Speak to a Guardianship/Conservatorship Lawyer
At Reuter Corbett, we provide legal representation for all aspects of fiduciary litigation related to guardianship and conservatorship. From investigating breaches of fiduciary duty to representing you in court, our experienced attorneys are here to help you ensure that your loved one is protected and that justice is served. If you have questions about the legal process or would like to speak to a fiduciary litigation attorney at our law firm, call 503-874-6166.
