09.29.09
Posted in Guardianship at 10:54 pm by Mark Leahy
A special conservator can be appointed in either of 2 situations. First, when the appointed conservator or temporary conservator is not performing duties (5-412A(c)). If a conservator has abandoned the protected person or is not attending to his funds, or not filing proper accounts, the court has this power which it may exercise any time after finding tha the welfare of the person required immediate action. This is a mirror of 5-308(b) for special guardians.
In addition, the court may appoint a special conservator to assist in implementation of a single transaction or protective arrangement where a continuing permanent conservator appointment is not necessary (5-408). It’s likely that many single transactions will require someone with authority to sign off on the transaction. This is not an emergency appointment and thus the term “temporary conservator” is not used. It doesn’t have to be requested in the petition. The role of the special is only to carry out the functions directed by the court and report back. Formal acceptance by the court of the report may be necessary to permit any sureties to be canceled.
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Posted in Guardianship at 10:41 pm by Mark Leahy
The Code makes it clear that guardians are for the care of the person and conservators are to manage their the property. But it also says that anyone having money or personal property due a minor can pay up to $5,000 to a guardian (among others) if he is not aware of any conservator appointment (5-102). So, does this mean a guardian of a minor can manage up to $5,000? I dont’t think so. 5-102 provides a safe haven only for the payor. That could be a bank, insurance company or executor, but it doesn’t say the guardian can handle it on an ongoing basis. The guardian can apply the money to the ward’s current needs (5-209(b)(4)) and conserve any excess for future needs. The funds might be periodic income like SSI which the guardian can accept and apply to immediate expenses. The guardian of a minor or adult can also seek, receive and apply support payments from a parent, trust, public entitlement, etc. (5-209(c)). But, if any money has to be deposited to a bank account such that a fiduciary has future access to it, that fiduciary needs to be a conservator.
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