What to Do If You Are Appointed Conservator of an Older Adult?

Being appointed conservator of a loved one is a serious responsibility. As conservator, you are in charge of your loved one's well-being and you have a duty to act in his or her best interest.

If an adult becomes mentally incapacitated and is incapable of making responsible decisions, the court will appoint a substitute decision maker, often called a "conservator," but in some states called a "guardian" or other term. Conservatorship is a legal relationship between a competent adult (the "guardian") and a person who because of incapacity is no longer able to take care of his or her own affairs (the "conservatee").

If you have been appointed conservator, the following are things you need to know:

Read the court order. The court appoints the conservator and sets up your powers and duties. You can be authorized to make legal, financial, and health care decisions for the conservatee. Depending on the terms of the conservatorship and state practices, you may or may not have to seek court approval for various decisions. If you aren't sure what you are allowed to do, consult with a lawyer in your state.

Fiduciary duty. You have what's called a "fiduciary duty” to your conservatee, which is an extremely high standard. You are legally required to act in the best interest of your conservatee at all times and manage your conservatee's money and property carefully. With that in mind, it is imperative that you keep your finances separate from your conservatee's finances. In addition, you should never use the conservatee's money to give (or lend) money to someone else or for someone else's benefit (or your own benefit) without approval of the court. Finally, as part of your fiduciary duty you must maintain good records of everything you receive or spend. Keep all your receipts and a detailed list of what the conservatee's money was spent on.

File reports on time. The court order should specify what reports you are required to file. The first report is usually an inventory of the conservatee's property. You then may have to file yearly accountings with the court detailing what you spent and received on behalf of the conservatee. Finally, after the conservatee dies or the conservatorship ends, you will need to file a final accounting.

Consult the conservatee. As much as possible you should include the conservatee in your decision-making. Communicate what you are doing and try to determine what your conservatee would like done.

Don't limit social interaction. Conservators should not limit a conservatee's interaction with family and friends unless it would cause the conservatee substantial harm. Some states have laws in place requiring the conservator to allow the conservatee

to communicate with loved ones. Social interaction is usually beneficial to an individual's well-being and sense of self-worth. If the conservatee has to move, try to keep the ward near loved ones.

Contact us

Questions? Contact us at Elise Lampert, Attorney at Law

Elise Lampert, Attorney at Law

9595 Wilshire Blvd. | Suite 900 | Beverly Hills , CA 90212

Phone: 818-905-0601

Email:elise@elampertlaw.com

http://www.eliselampert.com