Financial crime is often all too-easy to conduct.

It's a wink and a nudge here. How about you check box on the top of that page to accept the T&C's. Oh and one last thing! Please sign and date at the bottom where that arrow sticker is... And boom! A seemingly mundane event, becomes a life ruining sin conducted against will of the conserved client for the benefit of the abuser/s. By the time it's discovered it's often too late. Usually it's often heard initially a place of desperation from an unwitting victim. Most of the time in a homeless shelter, and only if they are lucky - a courtroom.

What the f*** is the client supposed to do about this?

If it were so easy - Get an audit on the estate, and report the findings to the court.

But this costs time and money. Often in most cases a conserved client who was abused needs care immediately which adds an additional layer of complexity. In many cases they cannot afford a lawsuit (due to the abuse) OR potentially too traumatized to communicate about the abuse with the professionals that need to know.

Here's where I step in.

Court Appointed Fiduciary's Official Business Card

Hi, My name is Robert F. Tobin. I am a Court Appointed Fiduciary (CAF - for short) that investigates matters like these and brings them to light. And I have MANY important things to say about the for-profit conservatorship industry and how they really "screwed the pooch" on this one. (SEE VIDEO BELOW)

Before we go more into how these crimes are committed in broad daylight, and believe me we will, please let me get you up to speed on standards of the Probate Courtroom.

The institution of conservatorship in the United States has seen quite a predicament, with numerous legal concerns surfacing over the years. Despite its intention of providing care and protection for those unable to manage their lives and assets independently, conservatorship has often been misused by unscrupulous individuals. These bad faith conservators have leveraged existing loopholes in our laws, turning a position of care into one of exploitation for personal gain.

This issue calls for immediate attention and remedies. To protect society’s most vulnerable, we propose the federal courts hold conservators accountable with standardized federal conservatorship laws reflecting Supreme Court rulings that resulted from real-life cases of conservatorship abuse. We have compiled some of the most compelling decisions to inform the public on how the law SHOULD

be enforced.

Elder Law Legal Basics

📝Atty X it's time to take some notes 📝

We believe that the law should demand a greater level of transparency and accountability from conservators, with substantial consequences for those who don't fulfill their duties responsibly. The following is a list of established laws, proposed amendments, many of which are directly inspired by Connecticut Supreme Court rulings, that must be ENFORCED to prevent the abuse, manipulation, and mistreatment of conservatees.

1. Court Approval for Property Sales and Changes of Residence

To start, we ask that the federal courts place an emphasis on the requirement for conservators to secure probate court approval prior to making significant decisions, such as the sale of real property or changes in the conservatee's residence (referenced in § 45a-656b(a)(2)). Or face strict federal penalties.

Seeing as there have been numerous cases, such as the case of our client, where disabled individuals have lost their estates and overall well-being due to bad-faith deals and decisions made without legal oversight, we believe that this important standard should be uniformly mandated to protect the livelihoods of disabled individuals everywhere.

2. Probate Court Approval for all Estate Decisions

In accordance with the judgment in Day v. Seblatnigg, 341 Conn. 815, 841 (2022), the role of conservators in both voluntary and involuntary conservatorships is of paramount importance. This ruling highlights the exclusive authority conservators hold over their clients' affairs, necessitating that every decision related to the estate must secure probate court approval or be rendered "void ab initio".

This oversight by the probate courts serves as a critical safety measure, offering an added level of control and examination. It would also prevent unauthorized actions that may negatively impact the conservatee's financial health or well-being.

3. Reasonableness of Fiduciary Fees

In the case of Hayward v. Plant, 98 Conn. 374 (1923), referred to today as “the Hayward factors”, it was established that all conservator fees must be reviewed under a reasonability test. Our proposition is to elevate the Hayward factors to the level of federal conservatorship law, filling in any existing gaps in state statutes regarding assessments.

By elevating the Hayward factors to federal law, we ensure that all conservators under U.S. jurisdiction are held to an enforceable standard of reasonability regarding their fees. Not only does this address any potential financial exploitation, but it also acts as a compelling deterrent against potential abuses of conservatorship power.

4. Mandatory Financial Audits for Conservators

Probate courts play a valuable role in evaluating fiduciaries, yet there are shortfalls when it comes to consequences for those who fail to uphold their responsibilities. All too often, victims have little recourse to seek official assessments of such occurrences. Therefore, we implore elected officials to create conservatorship laws that allow the court to expect conservators to come to court correct with their accounting OR be liable for compensating an independent auditor who reports to the court on the estate’s behalf.

Crucially, this will significantly reduce the scope for crime by enforcing a system where would-be perpetrators know that thorough scrutiny of the estate will always be mandatory upon request by the client.

5. Conservatorship Laws to Enhance Accountability

In light of our client’s case regarding fiduciary neglect/mismanagement, we propose the following additional standards that will increase client protections while dissuading predatory parties from collaborating on such schemes. These pertain to varied aspects of court approval, fiduciary fees, responsibility, and more. The objective is to establish a cohesive national standard to ensure protection for conservatees across the board.

A. Mandatory Insurance

Conservators managing estates over $10,000 must be bonded and insured.

Mandatory insurance helps ensure conservators conduct their duties with integrity and responsibility. If conservators misconduct themselves, fail to fulfill their duties, or neglect the rights of the conservatee, the insurance company can be held accountable financially. The potential financial loss in such cases acts as a deterrent, promoting conservators to act in the best interest of the conservatee, thereby ensuring their rights and assets are effectively protected.

B. 60-day Inventory Submissions

Upon the appointment of a conservator, an inventory submission must be required within a 60-day timeframe.

Additional extensions can be granted based on the discretion of the presiding judge.

The 60-day inventory submission serves as a significant check and balance, fostering financial transparency and accountability among conservators. This mechanism decreases the likelihood of mismanagement or abuse of the conservatee's resources, providing added assurance to both the conservatee and the court.

C. Court Oversight of Elderly Protective Services Claims and Practices.

Mandated legal proceedings for every claim submitted to Elderly Protective Services.

This would permit judges to examine the best course of action for the conservatee thoroughly. Such a method prevents abrupt decisions from governmental officers or other interested parties from being involved with schemes to abduct and embezzle funds out of a disabled person’s estate. Instead, the judge shall rule on the evidence and make a decision in the best interest of the conservatee.

D. Itemized List of Duties Performed by Conservator filed to Court

Every conservator must provide an itemized account of their services in correlation with the charges they levy.

Such a comprehensive report must gain the court's authorization before the respective fees can be drawn from their client's accounts.

The submission of a detailed report gives officers of the court a clear picture of the conservator's actions and financial transactions on behalf of the conservatee, thereby minimizing any potential for mismanagement or misuse of the conservatee's assets.

E. Compulsory Client Care Plan

Conservators must be mandated to consistently have a client care plan, along with other pertinent estate-related documents, on hand at all times.

In the context of conservatees, postponements in administrative work that could potentially induce significant life changes are absolutely unacceptable.

A client care plan outlines the specific needs, services, and care tailored to each conservatee, providing a clear roadmap for the conservator's duties. It emphasizes transparency and consistency in decision-making, thus assisting in ensuring that the conservatee's best interests are pursued.

F. Mandatory Background Check

Before a conservator's initial appointment, it is crucial that a comprehensive background check takes place, which should be reviewed and reconfirmed in court every three years.

Implementing a mandatory background check ensures that the individuals entrusted with the responsibility of managing the assets, personal affairs, and healthcare decisions of the conservatees have a track record of integrity, honesty, and reliability. By making this a federal requirement, it serves to screen out potential conservators who might have a history of fraudulent activities, exploitation, or abuse, thereby enhancing the protection of the conservatees.

The Court Appointed Fiduciary's

3 Sacred Rules

This blog was made to outline the law when it comes to conserved people. We want to safeguard the rights, dignity, and assets of fellow disabled citizens. Everyone needs to know the 3 Sacred Rules of being a CAF so if you manage people's money you know your expectations:

Don't Lose the Money
Don't Withhold Evidence
Don't Lie to the Judge

How you can help

Share the Disabled Woman's Statement with your friends and family.
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