My brother and i were given a power of attorney by our mother a few years back, she now has demetia and began giving her money to strangers who would call her up. not knowing we needed nothing else an attorney told us we needed a conservership we have been thru a year of paperwork to show a judge we have not missused her money in any way which he agrees with, i am moving out of state and do not want to continue with the conservership just to return to the power of attourney, can he force me to get one in another state?
1 Answer from Attorneys
I am surprised that a conservatorship was established for your mother because under Kansas law a POA will be sufficient in nearly every case, especially when there is harmony in the family. The primary reason for a conservatorship versus a POA is that your mother could revoke the POA, whereas the termination of a conservatorship has to be submitted to and approved by the Court. A conservatorshp can be terminated; the real question is whether that would be wise considering your mother's condition and her possible succeptability to negative influence in her lfe; as was apparently happening (money to strangers). If the burden of the conservatorship is too much (time and money, for the bond perhaps), the Court would likely be receptive to appointing a corporate conservator that may or may not be more expensive than the current situation (considering the annual cost of a bond; assuming there is a bond in place). Best of Luck,
Keenan Post
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