4 Ongoing Obligations of a Conservator of an Aging Adult

Even though you can legally take on the responsibilities of a loved one’s financial and medical decisions when they become unable to do so themselves, being a conservator isn’t to be taken lightly. It’s not just about signing a document; that’s just the beginning. There are many ongoing obligations of a conservator of an aging adult that must be considered before agreeing.

Obligation #1: Managing The Conservatee’s Personal Care (Acting in Their Best Interest)

You don’t just step into the role of conservator; you must do so with the respect to the conservatee’s dignity. Following California Probate Codes governing fiduciary duties, a conservator must make sure the rights of the conservatee are protected. This includes taking into consideration their wants and needs before making any decisions, respecting their ability to receive visitors, and acknowledging any request for terminating the conservatorship.

You also must be aware that once a judge signs off on the letters of conservatorship (which detail what you are allowed to do as conservator), you can be held personally liable if found negligent or going against the conservatee’s best interest.

Obligation #2: Keep Detailed Records of All Actions and File Annually with the Court

As a conservator, you must maintain meticulous accounting regarding changes to income and expenses, and the health and living situation of the conservatee. After filing an initial appraisal of all assets, the court will appoint someone to conduct periodic reviews, usually every two years after the first twelve-month initial review.

Conservator’s must also attend all court hearings and court-offered trainings, keep their contact information up-to-date, and cooperate with investigators. Failing to meet these requirements may be cause for intervention or removal as conservator.

Obligation #3: If Conservator of the Estate, Manage Finances

As a conservator of the estate, there are many requirements that must be met beyond simply managing finances.

First, you must file a surety bond with the court (unless ordered otherwise). Second, you must track all expenses, maintain all necessary insurance (such as life insurance), and properly file all federal and state taxes. Finally, it’s always a good idea to open a separate conservatorship checking account. This way, you have a better gauge on the conservatee’s finances, can keep from comingling your money with theirs, and know when it’s necessary to borrow money on their behalf.

Obligation #4: If Conservator of the Person, Make Healthcare Decisions.

As a conservator of the person, you have the authority to approve medical treatment and manage caregivers. However, according to the Lanterman-Petris-Short Act, you must attend separate court hearings to place a conservatee in a psychiatric hospital, force feed them medications, or sterilize them. You must also provide copies of your letters of conservatorship to any hospital or care facility that request proof of conservatorship.

These legally complex obligations can become emotionally draining, which is why it’s best to have an experienced attorney on your side. Check out our guide to Navigating Conservatorship for Aging Adults and then give King Law Firm Attorneys at Law, Inc. a call.

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