Conservatorship
When an individual is unable to manage his/her property such that it will be wasted or dissipated, or funds are needed for the support, care and welfare of the individual or those entitled to be supported by that individual, the Court may appoint a conservator. A conservator may be appointed for a minor based on some circumstances.
Anyone interested in the individual’s estate, affairs, or welfare can petition the Court to have a conservator appointed. Upon a petition being filed with appropriate accompanying forms and documentation, the Court will appoint a guardian-ad-litem for the individual to be protected and a hearing will be scheduled. Prior to the hearing, all interested parties must receive proper notice of the proceedings.
If the Court appoints a conservator, the conservator is given authority to manage the assets and must exercise appropriate care in doing so. The conservator must follow specific statutory duties like filing an inventory and completing an annual accounting. If the conservator fails to fulfil his/her fiduciary responsibilities or fails to exercise the appropriate standard of care, the Court may remove the conservator.
FILING FEES
$175.00 – Filing Fee
$11.00 - Certified Letters of Guardianship
$150.00 Investigation Fee
FORMS TO GET CONSERVATORSHIP STARTED
- Petition for Appointment of Conservator and/or Protective Order – PC 639
- Acceptance of Appointment – PC 571
- Bond of Fiduciary – PC 570 (if required)
- Criminal History Authorization Form for Proposed Conservator
- Medical Statement Stating Medical Condition and Need (statement in the last 30 days) or Report of Physician or Mental Health Professional - PC 630
- Personal Identifying Information Form - MC 97
- Personal Identifying Information Addendum - MC 97a
- Notice of Hearing - PC 562
- Publication of Notice of Hearing - PC 563
- Declaration of Intent to Give Notice of Publication - PC 617
FORMS THAT MAY BE REQUIRED UPON CONSERVATORSHIP BEING GRANTED
- Inventory PC 674 – required for all Conservatorships
- Account for Fiduciary, Short form PC 583/Long form PC 584
- Petition to Allow Accounts PC 585a
- Proof of Restricted Account and Annual Verification of Funds on Deposit – PC 669 (Minor Conservatorships)
FORMS TO MODIFY OR CLOSE A CONSERVTORSHIP