Deciding to place a loved one under a conservatorship is never an easy decision to make, but usually it is done in their best interest after careful consideration. However, and unfortunately, sometimes things go awry and your loved one may be placed in the care of someone who does them more harm than good.

There is some very good news for the citizens of Tennesee, as the Senate has recently and unanimously approved a new bill that will require all individuals seeking to become conservators to disclose any criminal record. This is a fantastic step in the right direction for the citizens of the state.

The bill came about in response to the case of Jewell Tinnon, 82 years old. She was placed in a conservatorship at the request of her two grandchildren, but during the court ordered conservatorship, her car, her house, and all of her belongings were sold off to pay for the legal and other court costs. The unbelievable part of this story is that she was never even declared incompetent by any medical professional! She was able to prove her competency and was released from the conservatorship, however, the damage had already been done. She is now suing the lawyer that represented her and the company that auctioned off her belongings for near $11.6 million dollars.

Rep. Gary Odom, who filed the bill, said this is a good first step for protecting the elderly from abuse, but would like other elements to be added to current law, such as, that multiple medical certifications determining incapacity and incompetence should be required.

For more information on conservatorships in the state of California please contact one of our professional attorneys at the Law Offices of David A. Shapiro.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.