Conservator cannot pay me for my services for the conservatee?
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Conservator cannot pay me for my services for the conservatee?
I have been working for a year as a caregiver
for an elderly. But in the past two months,
the court appointed a conservator for
himelderly and hasnt paid for my services.
The conservators reason is that the client
does not have money. Do I need to file a
legal action or I have to accept that I was
working for free? I have been evicted from my
apartment because of the delay of my
payments. The conservator cannot even give a
date of when she would pay me. And i dont
think it is fair anymore. By the way, the
amount is more than 10,000.
P.s I am a private caregiver, but I do file
my income tax and pay my taxes.
Please help
Asked on July 14, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There is the legal answer and the practical one. Legally, you can file a lawsuit against the client: he or she is legally obligated to pay you for your services. If there is any money there, then even if the conservator would rather spend it on something else, you can get a judgment ordering the conservator to pay you out of the client's money.
That brings up the practical issue: since the conservator is not personally liable for pay, you will only collect money if the client has some: a court judgment does not make money appear where there is none. So if the client is truly insolvent, even if you sue and win, you will not be paid.
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