It’s a difficult topic to tackle, but it’s one that happens to families across the globe every day. When someone you love is no longer able to handle their own financial or personal affairs, the court can appoint an individual to act on behalf of the incapacitated person.
A conservatorship is a legal relationship created through a court order. In order to obtain conservatorship over someone else, a formal court proceeding must take place. During this hearing, a judge may remove certain rights from the conservatee and can grant them to the conservator in order to protect them.
There are few options when it comes to being appointed a conservator. An individual can either be appointed conservator of a person, which means they’re responsible for the duties of the conservatee’s overall health and well-being, or they can be appointed conservator of the estate which would include the oversight of the conservatee’s finances and assets. Another alternative would be to choose one person that would handle both roles or two people that could split up the responsibilities; one that would handle the estate and the other that would take care of the conservatee’s health and well-being.
Once someone(or multiple people) is granted a conservatorship, the role of conservator comes with a lot of responsibilities. After all, it’s now their job to make sure the conservatee’s health and assets are protected. Here are some of the major roles of a conservator.
The duties of a conservator in terms of overall health and well-being include:
- Arrange for the conservatee’s care and protection.
- Decide where the conservatee will live.
- Make arrangements for the conservatee’s meals, health care, clothing, personal care, housekeeping, transportation, shelter and recreation.
- Get approval from the court for certain decisions about the conservatee’s health care or living arrangements.
- Report to the court on the conservatee’s current status.
In regards to handling the estate, the conservator’s duties include:
- Manage the conservatee’s finances.
- Locate and take control of all assets.
- Collect the conservatee’s income.
- Make a budget to show what the conservatee can afford.
- Pay the conservatee’s bills.
- Responsibly invest the conservatee’s money.
- Protect the conservatee’s assets.
- Account to the court and to the conservatee for the management of the conservatee’s assets.
Keep in mind that the conservator’s responsibilities can vary depending on the judge’s ruling. The conservator may be granted the power to make financial decisions, healthcare choices or both. It all comes down to protecting the conservatee.
Do you have more questions about the responsibilities of a conservator?
At Marcia L. Campbell, CPA we act as trusted professional fiduciaries for many of our clients. As licensed professionals, we understand the importance of knowing that your trust, estate, or conservatorship is being managed legally, ethically, and accurately. We act as caring and objective fiduciaries and client advocates.
If you need help, please contact us by filling out our Contact Form or by giving our office a call at +1(951)686-3608.