When Connecticut Probate Goes Wrong
Posted by attorney.shea on 28 Mar 2008 at 08:45 am | Tagged as: litigation
Connecticut Probate Courts are intended to help resolve certain issues. Sometimes things just go wrong.
Rose Quattro is 88 years old. She lives with her son in East Hartford. Unfortunately Rose developed a medical condition and required a short term stay at Haven Health Center of East Hartford. Rose’s son had some disagreements with the nursing home. In response, the nursing home petitioned the probate court to appoint a conservator for Rose.
The probate court appointed a conservator for Rose as well as an attorney to represent Rose. The probate court also appointed a guardian ad litem. That is three attorneys suddenly involved in Rose’s life and billing her for their time.
So what is the controversy? Rose’s attorneys are responsible to make sure that Rose can take care of herself. They have to be sure that her son is not taking advantage of her potentially vulnerable condition. In order for the court to receive information necessary to decide if Rose can adequately act on her own without legal representation there need to be court hearings. And more hearings. And more hearings. This adds up, especially when you have anywhere from three to five attorneys all billing you for the same hearing.
Does Rose need all these attorneys and probate court involvement? I don’t know. They may be protecting Rose or they could be draining her assets in a pointless exercise. I do know that this is not what Rose wants, and that is what I consider important.
Rose probably never imagined she would end up with five attorneys in the local probate court, and you probably think it will never happen to you or your family also. It can, and it does happen. Can you avoid it? Not entirely, but you can minimize your risk to ending up in this situation with a functional Connecticut estate plan.
Source: Shameful Abuse of Probate