What Does A Conservatorship Rancho Cucamonga Courts Approve Actually Do

| Tuesday, December 11, 2018
By Henry Miller

Becoming a ward of the court can happen in a couple of different ways. Sometimes the individual becomes incapacitated. Sometimes a minor child is left with no immediate family member to be responsible for him. Rarely does any conservatorship Rancho Cucamonga judges set up involve a person without substantial assets. It is the responsibility of guardians, or conservators, to make decisions that have the best interests of a ward at the center.

Handling the allocation of liquid assets is one of the responsibilities of a conservator. Liquid assets are usually cash or items that can be easily turned into cash. The guardian must decide who is going to be responsible for investing them. Most of the time, this job goes to the conservator himself or to a financial advisor that the conservator chooses. It is also the conservator's job to determine what to do with personal property and real estate owned by his ward.

A conservator may have to make minor decisions like whether to sell a dependent's current automobile in order to buy a larger vehicle that can accommodate the wheelchair the ward needs to get around. A ward's home might not be easily accessible anymore. In this case, a guardian can make the decision to sell one house and purchase another more suitable. If funds are needed to pay for assisted living or skilled nursing care, the conservator has the authority to sell assets in order to pay for the new living accommodations.

A conservator has the power to decide if the ward will continue to live in the family home or would be better served in some skilled nursing facility. In either case, it is the conservator who will be responsible for making the house payments, paying for nursing home care, and handling any other financial obligations of his ward. That includes making sure taxes are paid in full and on time.

Conservators are required to answer to the courts. Every year they must prepare a detailed accounting showing how they either invested or sold off assets belonging to their wards. If their ward is mentally incapacitated, the guardian must submit a physician's report.

Medical reports have to detail a dependent's condition, both mentally and physically, and if the services of a guardian are still deemed necessary. There must be a plan that addresses the ongoing treatment for the ward. Courts must see everything done in the past year and what the next year's plan is.

It is necessary for conservators to get court approval before they make some decisions. It is up to the state to determine what exactly must be presented to a court for approval. In Florida, for example, a conservator must petition the court before he can sell any real estate owned by his ward.

Wards who are minors normally become independent of their conservators as soon as they reach the age of 18 or 21. When this occurs, a conservator has to file a final accounting of their ward's assets to end the conservatorship. All assets become the responsibility of the ward. The conservator is relieved of his duties at this point.

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