Complex Conservatorships & Estate Recoveries

 

CONSERVATORSHIPS


As a conservator, SOS manages the business affairs of individuals, estates, or entities, and many clients require SOS to wear multiple hats (such as when an incapacitated person also owns a business). A conservatorship arises when a concerned party petitions a court to request the appointment of a conservator. Once appointed, SOS steps in and assumes legal control of the client. SOS is a fiduciary for the client, and is, therefore, held to a higher standard of care to act in the client’s best interest, and is answerable to the court for the duration of the conservatorship. Although many people struggle with the idea of an outsider having control of their loved one’s affairs, it has been our experience that situations where family members or friends serve as conservator are fraught with inter-family distress that often causes irreparable harm to the relationship. They more often than not do not have the skill sets necessary for the role. They also bring a natural conflict of interest due to inheritance. SOS takes a very professional, yet sympathetic approach to conservatorships, and takes great care to do what is best for the client.

 

Conservatorship Case Studies:


Estate Taken by a Caretaker

An elderly lady, nearly a centurion, was preceded in death by her daughter, her sole family member. A hand written will, supposedly from the daughter, gave the bulk of the family estate to the head caretaker. This was offensive to the elderly mother. Through a Conservatorship with SOS, she fought for her family estate to be returned. On the interim, she decided how the family estate was to be divided if she prevailed on the estate’s return. After a year-long effort, the bulk of the family estate was regained. She passed that same night knowing she had accomplished her last battle.

 

What’s His is Mine

A father with a seven-million-dollar estate gave a power of attorney to his son to manage his affairs. The son ended up exhausting the estate over an eight-year period. The son committed fraud, used over 200 bank accounts to scramble the books, siphoned off funds with unknown whereabouts. The father felt he had a duty to hold his son accountable in this life, even if the effort consumed what little remaining he had as well as cost him his life. The father wanted his day in court. SOS was engaged under a Conservatorship to assist him. SOS built the team to prove the fraud in court. After his testimony in court, the father then died the next day, or as he said, “passed over the Jordan.” He relayed he had fulfilled what he believed was his last earthly duty. SOS continues to see that his last wishes are fulfilled.

 

Have Gun, Will Travel

A Vietnam Vet with PTSD (post-traumatic stress disorder) lost a battle in court to be able to keep his family farm in Eastern Idaho. This put him literally on the streets. His attorney contacted SOS to assist him, and put in an emergency Conservatorship. SOS found him, rifle in hand, on his way to visit the Judge and attorneys. SOS was able to resurrect the court fight, then using that pending battle to negotiate a 60-acre ranch with a home for him—debt free. The Vietnam Vet now lives a peaceful life in the hills of Eastern Idaho, on medication and without being a threat to society.

EXPLORE

If you always do what you've always done, you'll always get what you've always gotten."

-Jack Canfield