Brain-injured illegal immigrant unhappy with conservator

[neffx032]

This issue pertains to a brain-injured person who lives in my apartment complex. He is an illegal immigrant who came to Massachusetts about 30 years ago. He was the victim of a major car accident about 20 years ago which resulted in a settlement to pay for medical expenses, and loss of future earnings. He was in a coma when the conservator was appointed and when his case was settled.

This person is unhappy with his conservator and feels funds are being mismanaged. He claims his conservator will not tell him how much money he was awarded or how it is being spent. Worse yet, he thinks the conservator, lawyers, and private health providers have embezzled money. While he is cognitively-impaired, I have no reason to doubt this is true.

The question is what course of action he can take to change his conservator? Unfortunately, his family seems unable to help him and have stolen from him before. He also has extreme fear about being deported if he complains to any state authority. Is this a valid concern?

Another question is how can he find out more about his case and settlement amount? He says his lawyer and conservator have kept the settlement information a secret. However, it seems he has a right to know even if deemed mentally incompetent.

 

[ElleMD]

So everyone this guy has met from doctors, to family, to lawyers has stolen from him? Somehow I doubt that. There is no way he can change a legal arrangement, which the conservatorship most definitely is, without involving the courts. If he doesn't know what the settlement amount was, he can ask the party with whom he settled. If this was done through the courts (like a trial where he was awarded damages), it might be in court records.

 

[neffx032]

Not everyone. But one of his former providers is in prison for embezzlement and things go missing after family visits.

There was a court case.The other party is a large company with many levels. I think going through court records would be the easiest route.

Another question is whether anything could prevent him from working with another lawyer to change his conservator? He thinks he signed a form that prevents him from working with another lawyer regarding his case.

Also, does anyone know if his conservator is necessarily his guardian or if he necessarily has a guardian?

 

[ElleMD]

If he doesn't know what he signed, it is a sure bet none of us know. He needs to take everything he has and signed to another attorney for evaluation. We can guess all day what he agreed to and what the documents might say but that isn't going to be very helpful.