Unhappy with a conservatorship? You can contest it

Lynard C. Hinojosa

When your mother died, she placed your uncle in charge of your disabled brother’s care. For the last decade, however, you’ve been the one with him around the clock. He has a number of disabilities, and you’ve built a schedule and routine that works well for him. This sudden change is unexpected and could cause many issues for him.

With the new conservatorship over your brother, it’s clear that your mother wanted your uncle to take over your brother’s care to give you some relief. However, your brother has been unhappy with the situation, and it has seemed like the situation has been getting worse. You’re worried that this isn’t working out. What can you do?

There is an option to pursue litigation. You can go through conservatorship litigation to ask the court to remove your uncle as the conservator and to make you the conservator for your brother instead. You want to become the person he relies on again, so you can get him back on track and return things to normal. These changes have been too hard on him, and you know that couldn’t have been your mother’s intention.

Your uncle doesn’t agree and wants to stay in the role he was given. Your attorney can help you by helping you build up a case for why you want to take over your brother’s care, even though your mother assigned another conservator. If you can show that changing the conservator was harmful or that you can offer more to your brother because of knowing what he needs in his average daily life, then you may be able to convince a judge to grant your request.

Disputes like these can be complex, so make sure that you have experienced assistance as you move forward.




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