This fifth in a series of eight Background Briefs on conservator exploitation, which is funded by the U.S. Justice Department's Office for Victims of Crime (OVC) and produced by the National Center for State Courts, discusses laws and practices that enable courts that identify such exploitation to address and prevent further exploitation of the victim.
The Brief discusses laws and guidelines for initiating an effective investigation of conservator exploitation, protecting and restoring victim assets, imposing civil sanctions, referral for criminal prosecution, and sharing information with federal agencies. Once a court detects conservator exploitation, the court's response should address, mitigate, and prevent further exploitation. The Brief indicates what changes in state law, court rules, or court practices can best protect and restore victim assets exploited by the conservator. Another issue addressed pertains to legal or ethical impediments the court may face in making referrals after detecting conservator exploitation. Also considered are the policies and practices that are needed in a case in which the court does not respond to allegations or the detection of conservator exploitation. In addition to discussing the laws and guidelines that facilitate the recommended responses to conservator exploitation, the brief also assesses the general status of such laws and guidelines across U.S. jurisdictions.