Submitted by Ball47 on Wed, 12/08/2010 - 09:07
Posted in
My sister and I have been talking over the idea of asking a court to appoint one of as guardian or conservator for my mother who is having a lot of difficulty talking care of herself and her finances. My mom, I think, will put up token resistance, because that's just because she is often confused and can't see the problem. Recently she has neglected to pay her bills and seems to have "misplaced" some money. Anyway, we were wondering what we are getting ourselves into and how much responsibility we are taking on. What will our duties be in terms of the legal side of things? Thanks.
Duties of conservator and guardian
You are wise to be concerned about the responsibilities involved with conservatorships and guardianships. In fact, before you go that route, I encourage you to talk to a Massachusetts elder law attorney about your duties as a conservator or guardian and also about any other options you may have. To your question, first make sure you understand the difference between a guardianship and a conservatorship. Then, although it's a bit dry, you might want to take a look at Massachusetts General Laws, Chapter 190B, dealing with, among other things, guardians and conservators.
If appointed, in addition to caring for the ward (your mother) and making health care, living, and financial decisions for her (all while involving her in the decision making process as much as possible), you will be required to file reports with the Probate and Family Court that authorized your appointment. These reports, filed after 60 days and then annually, will explain how you are caring for your mother and her property.
In addition, you will be required to file an annual report that discusses your mother's living and care arrangements, as well as her medical condition. This report should discuss any current or ongoing medical conditions, how often you have visited your mother, and what services she is receiving.
If you or your sister are also appointed as a conservator for your mother, you will have to file a separate annual accounting, essentially outlining the status of the property you manage for her.
It's also important to remember that both guardianships and conservatorships are relationships established by the court. Accordingly, the court is free to make additional requests, on it's on or at the request of other interested parties, for additional information. If the court finds that you have failed in your fiduciary duties to your mother, you could face penalties. Again, best to talk to an attorney both before starting this process and after you are appointed, for continuing guidance regarding your obligations and duties. Good luck.