Issues Driving Exploitation and Abuse
Professional conservators (Licensed Professional Fiduciaries) use client assets for fiduciary’s legal defense.
Conservatorship is the only business enterprise that grants a vendor complete access to their client’s funds, including funding litigation against the client and funding legal defense for the vendor’s wrongdoing. All other business entities must support their own defense on ethical, regulatory, or civil matters.
The court grants a conservator (of the estate) unlimited access to the conservatee’s funds. The conservator can use those funds to litigate against the conservatee and against the conservatee’s family. Fees to the conservator and conservator’s attorneys can greatly exceed expenditures for the conservatee’s care. Courts provide essentially no oversight of expenditures by conservators.