GUARDIANS AND CONSERVATORS

This information describes the general duties and obligations of guardians and conservators. If you have any questions regarding the performance of your duties you may contact our office.

If you have been appointed guardian you have charge of your ward's person. If you have been appointed conservator, you have charge of the protected person's property. If you have been appointed both guardian and conservator, you have charge of both the protected person and his or her property. The court has issued you letters of guardianship or conservatorship which specify the limitations placed upon you.

Both guardians and conservators are entitled to fees and expenses for their services. When you make your annual accounting to the court, you should file an application for fees. The court will then authorize a reasonable fee. You must not pay yourself any fees without first getting the court's approval.

If you or your ward move to a different address, you must notify the court in writing immediately. The court must also be notified if your ward dies.

GUARDIANS

As guardian, you have the duty to take charge of your ward's person and provide for his or her care, treatment, habilitation, education, support and maintenance. Your powers and duties include:

(a) assuring that your ward resides in the best and
least restrictive setting reasonably available and

(b) promoting and protecting the care, comfort, safety,
health and welfare of your ward.

A guardian may receive money payable for the support of the ward and apply it toward the ward's current needs. Any excess funds are to be conserved for future needs. If a conservator has been appointed, the ward's excess suns of money should be delivered to that conservator at least yearly. As guardian, you are not legally obligated to provide for the ward from your own funds.

If there is anyone who has a legal obligation to support your ward, you may institute legal proceedings to compel that person to do so.


As guardian, you will be required to file with the court an annual status report concerning the condition of your ward. You will also be required to file an account of any assets of the ward which are subject to your control, along with a certificate of proof of possession of all intangible personal property existing at the end of the accounting period.

Your accounting will show the amount of money you had at the beginning of the accounting period, all money received and spent, and the balance remaining at the end of the accounting period.

Upon termination of the guardianship, you must settle accounts with the ward or the ward's representative and turn over all assets to whomever is legally entitled to them. You should be aware that court approval is necessary before a guardianship is considered terminated.

Normally our office will send you a reminder concerning the deadlines for the filing of the various documents described above with the court. If you have any questions concerning the filing dates or the information contained within the above-described documents, please do not hesitate to contact our office.

CONSERVATORS

As conservator, you must take possession of the protected person's property. The court will normally require you to post a corporate surety bond for the full value of the protected person's estate. The amount of that bond will be reviewed by the court periodically to be sure it is adequate, and it may be increased or decreased.

The conservator is considered a "fiduciary" or one who holds something in trust for any other. You must observe the standards of care in dealing with the protected person's assets that would be observed by any prudent person in dealing with property belonging to another. A conservator should make only conservative, safe and insured investments.

As conservator you may not:

(a) mingle the protected person's assets with your
own

(b) make loans to yourself or a third person

(c) make any speculative investments.

Without prior court approval you may not:

(a) buy from nor sell to the protected person's estate

(b) invest in real estate

(c) allow any third party to profit from the protected
person's estate

(d) sell any real estate belonging to the protected
person.

As conservator, you are obligated to recover assets due the protected person and pay all reasonable and necessary expenses from his or her assets. You may apply to the court for an order of continuing support and maintenance, which will authorize you to spend a budgeted sum each month for the protected person.

You are not obligated to pay the expenses of the protected person from your personal assets. However, you must disclose to those with whom you are dealing that you are acting in the capacity of conservator.

Within ninety (90) days of your appointment as conservator, you must file with the court an inventory of the assets belonging to the protected person. You must provide a copy of the inventory to the protected person and to all other interested parties, including the bonding company.

In addition, you must make a full accounting to the court one (1) year after your appointment and once every 12 months thereafter. This accounting must contain an itemized statement of assets in your possession at the end of the accounting period. The accounting will show the amount you had at the beginning of the accounting period, all money received and spent, and the balance on hand at the end of the accounting period.

You must prove the existence of intangible assets, such as bank accounts or certificates of deposit, by attaching to your accounting a Certificate of Proof of Possession. These forms will be furnished to you by the court if you request them.

The accounting should be sent to the court along with the $5.00 filing fee. In addition, you must send copies of the accounting to all interested parties and the bonding company. You will file with the court a certificate of mailing showing these copies were mailed.

A hearing may be held to approve your accounting if you, another interested party or the court requests one. If you have questions about the inventory or accounting, you may contact our office for assistance.


When the conservatorship is ended, you must make a final accounting to the court showing all property received and disbursed and what you are presently holding. When the accounting has been approved, the court will enter an order directing the property to be distributed.