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Asymmetrical Conservatorship Litigation

Well-meaning participation early in the process may inadvertently significantly increase the financial cost burden on the conservatee.

The financial burden of litigation involving the establishment of conservatorships is imbalanced. The person whose care and well-being presumably are the motivating factors compelling the litigation bears most, if not all, of that substantial burden.

For other kinds of litigation, each party usually pays its own attorney fees. Through that symmetrical relationship, the parties equally face the possibility of financial exhaustion. For conservatorships, however, the conservatee frequently must pay the attorney fees for all of the parties embroiled in the litigation. In the context of this article, the term “proposed conservatee” may perhaps be technically more precise. As a matter of linguistic convenience, however, “conservatee” will be used. Given that asymmetrical relationship, the parties can subject the conservatee to collectively imposed financial ruin.

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This page is for general information purposes. JAMS makes no representations or warranties regarding its accuracy or completeness. Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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This website is not a solicitation for business. All content on the JAMS website is intended to provide general information about JAMS and an opportunity for interested persons to contact JAMS. The content of this website is not offered as legal advice or legal opinion and it should not be relied upon for any specific situation.  JAMS neutrals are not engaged in the practice of law and no attorney client relationship is intended.  This website is for informational purposes only and does not constitute a complete description of JAMS services. While JAMS endeavors to keep the information updated and correct, JAMS makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information contained in this website. 

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