January 8, 2016

Our Conservatorship Process

Intake

The first step to all our services is the referral process. Click here to take a look at our referral form for conservatorship. It is important that all of the requested information on the referral form is provided. If the conservatorship team has decided that it is mutually beneficial for Guardian, Inc to act of the Conservator, our organization will contact the referring individual and walk them through the Court’s petition process.

The petition has to be filed by the referring individual and can be filed directly at the Probate Court in the potential protected individual residing county. Click here to see the petition forms for the various counties we serve. Please be aware the filing fee is typically $20 and is due at the time of filing. The court will assess the petition and will set a date for a hearing to decide if the individual does in fact need a Conservator. The judge will also decide who is going to serve as Conservator at the hearing.

If the judge does decide that Guardian, Inc will service as Conservator our organization will appoint a Conservator Specialist to manage the client’s case. The judge will decide what type of conservatorship is appropriate for the client’s needs. The legally interested parties will be notified of the appointment and the contact information of the specific worker assigned through a mailed letter from our organization.

Tenure

Once the Conservator is established, he/she will investigate the current financial situation and work through the process of creating a monthly budget. This process will include investigating the locations and status of incomes, assets, and monies. The status and needs of the client varies, everyone’s needs are custom to them. Our Conservator team is trained to decide the needs of our clients and their financial ability to address those needs. Out team’s goal is to create a stable and predictable financial environment. Our Conservator team will ensure that the monthly bills will be paid, outstanding debts, and financial struggles are addressed, and depending on the situation, that the real estate and personal property are conserved or liquidated. Our role is to ensure that the client’s assets and income are used in the most optimal way possible to meet the needs of our client. Once the assets are depleted, our team will work hard to ensure that the client is taking advantage of every benefit possible so that their basic needs will continue to be met before we terminate our role as Conservator.

Discharge

There are several different reasons why a conservatorship client would be discharged from Guardian, Inc::

  1. A client deceases. Upon the death of a client, our role as Conservator is terminated and the authority is removed. In this event our organization will cease payments and management of the assets until the Court has appointed a representative of the estate called a personal representative (PR). Once the PR is assigned, we will release the funds and information to the PR so that they can distribute the funds accordingly.
  2. A new Conservator has been appointed. In the event that another Conservator is appointed, we will distribute the funds and financial information to the new Conservator.
  3. The client has regained their own conservatorship. In the event that a client has regained the ability to manage their own finances, we will distribute the funds and financial information to the client so that they may conduct their own financial affairs.