Being appointed as a loved one’s conservator can feel like the end of a long process. Once the probate court issues an order of appointment and the conservator is sworn in, the appointment process may feel finished. In reality, the conservator’s work is just beginning.

When a client comes to me seeking a conservatorship over an adult family member or friend, I try my best to explain the responsibility that comes with the role. Unless the court’s order provides otherwise, appointing a conservator removes certain rights and powers from the ward and places trust in the conservator to manage the ward’s finances. See O.C.G.A. § 29-5-21. The court does not rely on trust alone, though; it requires transparency and regular reporting from the conservator. Depending on the size and complexity of the ward’s estate, those obligations can require substantial time and attention. The court reviews a conservator’s work, and a conservator who fails to follow the law or the court’s instructions may be removed.

WHERE THE WORK BEGINS

Within two months of appointment, a conservator must file an inventory of the ward’s property along with a plan for managing it. See O.C.G.A. § 29-5-30(a). Georgia probate courts commonly refer to this as an “Asset Management Plan,” and standardized forms are available through many probate courts. A conservator who is uncertain of all of the ward’s assets can use these two months to identify them. For example, a conservator could start by contacting the ward’s banks, attorneys, and other loved ones and searching property records. This is also the time to uncover any debts the ward may have.

The asset management plan also requires the conservator to project expenses and resources and, when appropriate, prepare a budget. What does the ward spend on housing, utilities, food, or care? It helps to look ahead and anticipate the ward’s needs. Is the ward’s health declining in a way that may call for a larger care budget in a few months? Are there large one-time expenses on the horizon, such as a home repair? Will any of the ward’s assets need to be sold, relocated, or reinvested? These are the kinds of questions a conservator generally works through when preparing the plan.

Each year, within 60 days after the anniversary date of qualification, a conservator must file an “annual return” that includes an updated asset management plan. See O.C.G.A. §§ 29-5-30(c) and 29-5-60(a). The return takes real time and effort because it must account for the conservatorship’s receipts and expenditures and report updated assets and liabilities. That requires complete and accurate records of the ward’s finances for the past year. In practice, recordkeeping and annual reporting often create the most work and the most avoidable problems for conservators.

COMMON PITFALLS FOR CONSERVATORS 

Under Georgia law, a conservator must keep accurate records, including “adequate supporting data.” O.C.G.A. § 29-5-22(b)(9). In my practice,  I have seen many conservators run into problems with the court because of poor recordkeeping. One took out cash to pay her mother’s in-home nurse but kept no invoices or receipts. Another kept a joint account with his father open because the conservatorship account did not allow the father to have a debit card. Neither of these individuals stole anything from their parents and had good intentions, but when the time came to make their annual return, they had to explain these undocumented and unauthorized transactions to the court.

A few habits tend to make the role easier. Conservators are encouraged to open a dedicated conservatorship account, keep every receipt, note the reason for each expense, and consult their attorney before making significant financial decisions and seek court approval when required. It is easy to tell ourselves “I’ll do that later” or “I’ll remember that later.” Being proactive avoids the trouble of trying to remember, six months later, why a $600 check was written out of the ward’s account.

When a conservator falls behind on record keeping, misses a filing deadline, or takes an action that may be outside the scope of the appointment, promptly addressing the issue is usually the best approach. Courts appreciate candor, and raising a problem before the court identifies it is usually better than trying to explain it later. The court places enormous trust in a conservator, and misleading it or papering over gaps in the ward’s finances puts that trust at risk. Probate courts have dedicated staff who review returns and are trained to identify deficiencies. A conservator who has mismanaged records, missed a deadline, or taken unauthorized action should consult an attorney about how best to address it.

FINAL THOUGHTS

Serving as a conservator can be demanding and often underappreciated. Although a conservator may be entitled to statutory compensation, the role can carry significant emotional and practical weight. A conservator is managing the property and finances of a person who may be in one of the hardest stretches of their life. The conservator may receive input from the ward, family members, friends, caregivers, and medical providers, but must keep the ward’s best interests at the center of financial decisions. Keeping track of receipts can feel less urgent than the ward’s immediate needs, but good records are one of the clearest ways for the court to evaluate the conservator’s work.

In my experience, many of these problems are avoidable, and others can often be addressed, though the outcome depends on the specific circumstances. Either way, early guidance can often prevent more costly problems later. At Oliver Maner, we assist clients through every stage of the guardianship and conservatorship process, including the initial petition, any potential litigation, and post-appointment matters. If you are considering a guardianship or conservatorship, you are welcome to contact us.