Conservator cannot pay me for my services for the conservatee?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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