Duties of a Conservator

Duties of a Conservator

The purpose of this is to summarize the duties of a person who has been appointed as a conservator for an incapacitated person or minor person. The conservator should consult with an attorney or the court regarding any questions about specific rights or duties involved in the conservatorship.

A conservator is bound to exercise scrupulous good faith in managing the protected person’s affairs. Everything the conservator does must be for the benefit of that protected person and to protect the protected person’s economic interest.

The following list describes the principal powers and duties of the conservator after the conservator has been appointed by the court.

1. Take possession of all the property of substantial value of the protected person and the income arising from the property.

2. File with the court an inventory of all property of the protected person coming into the possession or knowledge of the conservator. A supplemental inventory must be submitted within 30 days of learning of additional property.

3. Pay obligations of the protected person that are chargeable against the conservatorship estate.

4. Make investments and manage assets of the conservatorship.

5. In managing the estate assets, take into consideration the estate plan of the protected person, including a review of any will, trusts, Advance Directive, power of attorney or joint ownership arrangements. (Not applicable for minors)

6. Evaluate the need to obtain life insurance on estate assets and to obtain such insurance if advisable.

7. Pay, contest, or settle claims submitted against the conservatorship estate.

8. Prepare and submit necessary state and federal tax returns.

9. Carefully account for all income and expenditures made in administering the conservatorship; and prepare and file with the court annual written statements of such accounts, and a final account when the conservatorship terminates.

10. Make payments of compensation to the conservator or to an attorney for the conservator, but such payment can be made only after court approval.

11. When the protected person dies, deliver to the court any will of the protected person that has come into the conservator’s possession, inform the executor of a beneficiary named in the will that the conservator has done so, and retain the conservatorship estate for delivery to the personal representative of the protected person.
12. (For minors) When the protected person reaches the age of majority (i.e., 18), file a final accounting and upon court order, transfer all assets to the protected person

13. It is prohibited to do the following without a PRIOR court order

a. Pay yourself or a family member for services, including rent. It is permitted to reimburse yourself reasonable and ordinary expenses associated with conservatorship.

b. Sell or encumber the protected person’s residence.
c. Use the protected person’s property for anyone’s benefit other than the protected person. This includes making gifts, loans, or entering in financial transactions that are for the benefit of others and not the protected person. In some circumstances, gifting is allowed with court order.

14. Is is NEVER permitted to do the following:
a. Engage in risky behavior with the protected person’s funds.

b. Commingling your assets and the assets of the protected person.

c. Changing account beneficiaries or closing or opening accounts in such a way as to change the protected person’s intention related to estate planning or beneficiary designation.

d. Changing the protected person’s will or other estate planning documents.

If you are ever uncertain as to what should be done, please call us first!

Conservatorship Petition, Summary

of Information Needed

Name & Address & Phone for the following individuals:

14. The proposed protected person or ward (i.e., the person who needs the conservatorship) and date of birth and current location of this person

15. The petitioner (i.e., person petitioning the court for conservatorship)

16. The proposed conservator or guardian(i.e., the person to be appointed as guardian of the protected person). This person is often the same person as the petitioner, but does not need to be. Must be at least 18 years old to be a guardian.

17. Closest living relatives of the protected person, including

Any spouse

Any adult children

Any parents

If there are none of the above, the next closest living relatives such as siblings, nephews, nieces, etc.

18. Any live-in companion or caregiver of the protected person

19. Primary physician and any other care providers of the protected person

20. Any Agent under a Power of Attorney for the protected person.

21. Any Trustee of a Trust created by or for the protected person.

22. All persons who have information related to the protected person’s need for a conservatorship–that is, related to the protected person’s inability to currently manage his or her own resources.

Related to the petitioner/proposed guardian:

Whether or not you have committed a felony, lost a business license, or filed bankruptcy. If so, when and for what?

Related to the protected person:

Why does the protected person need a conservatorship? That is, why do you think this person is unable to effectively make decisions as to his/her own safety, health, or welfare.

Please note that a diagnosis of Alzheimer’s Disease or dementia is insufficient. The petition must include specific allegations demonstrating that the person’s judgment is impaired.

A detailed listing of all assets and income of the protected person. Give as much detail as is known for all assets and income including the value of the asset, the name of bank/financial institution, number of account, type of vehicle, VIN or plate numbers, source of income and monthly amount. If this information is not available, it can be supplied to the court later.

Conservatorship Intake Sheet

The following information is needed with regard to the protected person (also called respondent) (that is, person who needs a CONSERVATOR). (Note: the same information is needed for guardianship and conservatorship petition; if you are doing both, only fill out one intake form.)

Name: ________________________

Age:_______________________

birth date: ________________________

Address of permanent residence: ________________________

__________________________________ County:

Phone number: permanent residence:_________________

Name and address of current location of respondent: _____________________________________________________

Name of caregiver/facility manager: ____________________

Phone number: current facility:_______________

Name & address of proposed facility, if move is planned ____________________________________

Name of caregiver/facility manager: ____________________

Phone number: proprosed facility:_______________

Care and Medical Needs:

Caregiving needs of the respondent/what are his/her doctors telling you needs to happen? What care if any is he/she receiving now?

Activities of Daily Living (ADLs):

Respondent’s ability to do things for him or herself? Please describe what (if any) things protected person is able to do for him or herself without prompting or assistance.

_____ Prepare meals

______ Feed him/herself

______ Dress him/herself

______ Attend to grooming needs such as bathing, brushing teeth, other hygiene issues

_____ Use toilet

_____ Clean home

_____ Pay bills and handle financial matters

_____ Take medications

_____ Use of proper precautions and safety or security measures around the home

_____ Drive a car

***If these things can be done with assistance, please describe the type of assistance needed.

Mental capacities:

Describe the respondent’s ability to understand and evaluate information. Answer the following. For any questions that you have not answered Yes/Always, explain your answer.

(y)Yes/always

(f)Frequently, but not always

(s)Sometimes

(n)No/Never or almost never

_____ Reads and understands what is read including complicated materials.

_____ Understands information presented about his or her own healthcare and appears able to make informed decisions, even on complicated matters.

_____ Recognizes persons known to him or her, even after prolonged absences.

_____ Has no difficulty remembering events of the day or the week.

_____ Appears rationale in thought-making process and not driven or influenced by irrational fears or paranoia.

_____ Generally trusts persons known to him or her such as close family members and friends.

_____ Is cooperative with others who appear to be acting in his or her interests.

The following information is given with regard to the petitioner:

YOU ARE THE PETITIONER:

Name: ______________________

Age: ___________

Address: ________________________

Relationship to respondent: _____________

Phone numbers: ______________________

Best number to be put in court documents: ______________

Persons appointed by respondent:

Any fiduciary that has been appointed for the respondent by a court of any state: ______________________

Date of appointment: __________________

Court case number: _________________
A trustee for respondent established by or for the respondent: ___________________________________:

Date of trust: ________________
Any person appointed as a health care representative under the provisions of ORS 127.505 to 127.660: _________________________; date of appointment: ______________
Any person acting as attorney-in-fact for respondent under a power of attorney: _________________________ date of power of attorney document: _______________________.

Public Benefits:

Is respondent receiving any of the following public benefits?

Veteran’s Adminstration ___________: $_______________/month

type of benefit, if known:____________________

Medicaid benefits: __________________

Respondent’s Medical and Caregiving Personnel:

The names and addresses of all persons who provide medical assistance to respondent (i.e., doctors and current care providers if living in assisted care facility)

Name Address/Telephone Number Title

PERSONS WHO KNOW THE SITUATION TO BE INCLUDED IN PETITION:

The names and addresses of all persons who have information that respondent is incapacitated are as follows. (Name everyone including family, friends, or neighbors who are aware that respondent needs assistance with financial matters or with health care matters. Include the names and titles of any county workers and health care workers who are involved with assisting respondent. If listed above, do not repeat address and other information.)

Name Address/Telephone Number Relationship

yourself

medical providers

others?

ASSETS OF RESPONDENT’S/proposed protected person:

A general description of the respondent’s assets, income and other property known to you at this time which is in need of protection is as follows:

A. CASH AND BANK ACCOUNTS: ________________

B. REAL PROPERTY: ________________

___ Is this property to be sold?

C. MORTGAGES, NOTES AND CONTRACTS: ________________

D. PERSONAL PROPERTY: ________________

E. SECURITIES: ________________

F. MONTHLY INCOME: ________________ (source of income:

_________________; ___________________

G. MISCELLANEOUS: ________________

INFORMATION ABOUT PETITIONER/YOURSELF:

REQUIRED INFORMATION FOR COURT ON PETITIONER; NOTE: DOES NOT BAR YOU FROM BEING CONSERVATOR IF RESPOND AFFIRMATIVELY.

Have you had the following occur? If so, please indicate when and what/circumstances:

Bankruptcy filed: _____________________

Felony:__________________________________________

Revocation of any license:_______________________________

PERSONS TO BE NOTIFIED OF PETITION:

Names & addresses of respondent’s children:

Name & address of respondent’s spouse (include any “significant other” or person living with respondent)

Other person(s) who you’d want to be notified?

Dady Kathryn Blake, Elder Law Attorney

Location: 1607 NE 41st , Portland, Oregon 97232

Mailing address: P.O. Box 13454, Portland, OR 97213

(503) 249-0502 dady@dadylaw.com