How do you set up bank accounts once you've been chosen as a conservator?

Conservator must put the account in the Ward's name only. Conservator is only a signer on the account. Conservator must do tax returns annually. How the funds are spent is spelled out in the court order. If it specifies medical expenses, then it can only be spent on medical expenses. The conservator has to keep records and receipts and submit annual reports to the court. What happens at 18? Again you must read the court order. Many times the Conservator is in effect until age 21. Read the documents. Attend Conservator training provided by the courts.

Consulted with a lawyer and he said not to hire one since the insurance company is settling for max on policy and all medical bills are paid for with $105K extra after bills. Court approval is just because she is a minor or money would have been paid by insurance company already. All that is left is to go to court for documents. When I say we I am talking more on the side of us as parents. Yes my wife is conservator so she is in control ( I have no problem with that). My main concern right now is just setting up account to hold the funds. Talked to bank and they said all they need is court document stating wife is conservator and how funds are to be reported for spending being in my daughters best interest. What type of restrictions do they put on spending of the money, say if my daughter wants a car. It is her money after all (if wife approves). Do we need a POA if she is a minor? Can her acct be setup as my wife as a joint on acct or how is that acct setup so the money can be withdrawn. And lastly what happens when daughter turns 18 years old. This is why I ask about Joint on account.

Rickkk, I don't know why you are saying "we". If her mother is conservator you will be totally out of the picture. You need your own lawyer in court, to represent only your interests. See an attorney.

I am trying to find out about the in's and out's of conservator ship for a minor. My daughter was in a car accident and since she is a minor settlement will be approved by a judge. All is straight forward on the claim and after medical insurance payout she will receive just over 100K. Judge should award her mother as conservator and have not yet setup a bank account. When we go to court, what documents do I need to ask for and we want to setup an account but don't know what name's and how cost will be paid out of it. She will have 2 more surgeries in about 3 months.

Finally got it done. The court appointed lawyer for my mother had a contact at CHASE. He said : Get a document from my lawyer indicating the the branch manager does NOT have to sign a "proof of restriction" document. Chase has their own way of sending off a "proof of restriction" to the courts. Once this was sent off to Chase, they went ahead and opened the new account, closed the old account. All finished. The funny thing was that I expected real problems with Social Security but they were the easiest to deal with. They'll tell you what must be done. When that was done everything went as smooth as silk. My advice ? See above.

Finally, I got the amended letter of appointment.. Still Chase now says that the problem wasn't the language but it's that the "boiler plate" document in "The order of appointment" that requires a signed signature of the bank manager that the account IS IN FACT RESTRICTED as asked in the document. Which BTW it should be (partially restricted). But, CHASE doesn't want to "have" to sign this "Proof of restriction" document and therein lies the problem. My lawyer will speak to the judge tomorrow to see if he can do something. He's never seen anything like this. My advice so far is NEVER RESTRICT any of the money if you don't have to. NEVER, NEVER NEVER... I restricted some of the money that I wouldn't need for 6 or 7 years so as to SAVE money on the BOND that's required for the amount that's NOT restricted. That turned out to be a major mistake. You save nothing as now ALL lawyers have been back and forth at court and costs have multiplied. We're now into more than 11K so far.

Still waiting on the motion to make a new letter of appointment with different wording. Who know how long this takes. Sheesh ! It's so abusive for the banks and the courts to do this to someone. Besides the stress of helping an elderly parent in a nursing home go through dementia and all it's other problems these banks and the court should be ashamed of themselves. It's been more than 2 months so far since I originally went to court and actually got a letter of appointment. I'm not even talking about the two months prior to that, waiting for a court date.

Went to court. The judge is giving me more time. If needed, they'll fix the wording in my letter of appointment. If needed they'll allow THE BANK to send the Proof of Restriction document from their Legal department to the courts rather than a notarized signature on the "proof of restriction document" by the bank manager in the bank branch. It seems THE BANK didn't want to allow their bank manager. They don't want a bank manager to sign "ANYTHING". As far as the OTHER BANK, I'm going tomorrow to set up the small account "Conservator" also. And we'll have to hope it will go well. I'll get back to let you all know.

bookluvr,

Yes, that would be true for Guardianship, but I also have Conservatorship. That's the financial end of this. And they've already rejected my POA which is why I was told to get Conservatorship.I'm going to court again on Tuesday to explain. It might just be language in the paperwork that's making the bank balk. It's been a nightmare.I will let you know if I've solved this.

Bradh1, can you continue to update us in this? In case someone runs into the same problem, they'll know what to do, too.... FYI, when my mom was alive, my dad had legal guardianship through the court. Our local tax department wanted POA and considered the guardianship paper as inferior, therefore unacceptable document. I tried explaining that dad's guardianship is more legal than a POA. No dice. POA only.

OK, so you tell the court that the bank is ignoring the court order, who you saw, when you saw them and what they said and did. Have a list of dates, names and actions taken. Ask for their help.

They blame it on "legal" and claim it's the hands of the legal department and that there's nothing else I can do.

I did all of that. They faxed it all off to "legal" and yet the Branch Manager says he has no answer as to why. It's been almost 4 weeks. The latest thing he did was to give me the customer service phone number. "Useless" of course, and I'm trying to escalate the process but so far I'm just out of my mind. I have go to a review hearing Tuesday. The previous hearing the judge was unsympathetic. I don't know what he thinks I can do?

bradh1, you bring them the original court order and demand the branch manager. No other way.

I know that banks can decline to accept durable power of attorney. So, I was appointed Conservator/Guardian of my mother. That process was easy. But now the banks are rejecting this. They will NOT re-name the account to a Conservator for my mother. My lawyer is astonished. There seems to be nothing I can do. Legally I am Conservator but cannot pay any of her bills because the banks will not accept my conservatorship. Anyone have this happen.

I'm having a terrible time setting up a functioning checking account for my conservtatorship of my husband in Sacramento, CA. I have all original documents, set up the account at Safe Credit Union and then used the VISA ATM card to pay a couple of small bills. The card was declined. It took two lunch hours on hold before I found out that, because it was a conservator account, I could make deposits, but could not withdraw anything. I am very shocked. I am looking for a bank that can set up a functioning checking account so I can pay my husbands bills. He is in a dementia care facility with advanced Alzheimers.

What about stopping a foreclosure action - with mother's money whose daughter is the owner, and is currently/ indefinitely hospitalized - due to health problems?

@kkaschke: I guess you don't live in CA (?). I have gone on line and the process here is so complicated, that it requires a lawyer to navigate the system. It can be done by the individual IF they have nothing else to do with their time and can spend hours down at the courthouse jumping through all the hoops. I can't afford a lawyer but I also can't afford the stress that would take on me as my own health is failing after caring for my husband just the past 4 years. Thank you for you kind wishes, you are blessed that your in-laws agreed, a huge blessing.

We were fortunate enough that my in-laws agreed to do this voluntarily. I'm not so sure they 100% understand it, but it's in their best interest. It was actually a very laid back process. We went into a small office with the judge, who was just wearing a suit. He explained to all of us what a conservatorship meant and asked my in-laws if they understood it. They said and and the petition was granted. Our first order of business is getting them to a geriatrician. It's pretty sad, Bellas, that you have to go through such great lengths with your husband. You'd think it would be simple since he's your husband and his actions are impacting both of you. Hope you can get through this quickly.

The courts have to abide by state laws enacted by the elected officials/state politicians. It is the clueless politicians who give elderly their rights without being fully informed about the aging issues. Besides, someone has to pay for the big salaries of court officials.

@pstiegman: I have the doctors written reports as well as that of a Care Facilitator and two Neuropsychologist reports. I sure don't understand why the courts would spend tax payer dollars doing yet another exam! I know I will be investigated and am told the court investigator will require names and addresses of my husband's siblings who will also be investigated, along with others who know both of us. I don't have a problem with that part. What is so incredibly difficult for me to deal with is a court investigator serving a person who has brain damage with papers that tell him his wife is trying to become his conservator! It seems almost cruel. He has been so difficult to handle already and this will just increase him thinking everyone is out to get him and make it even harder to keep him in the ALF if he acts out all the more. We have been married 39 years...this is so complicated and overwhelming to me.

I hope and pray that since you are conservator your road is easier than just having Power of Attorney. I had all legal documents and Bank of America refused to accept them. They kept me running in circles and assigned a newbie from the legal department my case and he and I would go back and forth fighting over my legal right to use my Power of Attorney. With them you have to procure and Attorney and literally sue them to accept your Power of Attorney. The thing is THEY have to pay all court costs. What they are doing is illegal and they know it but they do it anyway. It is my understanding that other banks do the same exact thing. It baffles me that we pay thousands of dollars to attorneys to have these things done then have to fight to have them accepted at these institutions.

Best Wishes in your endeavor.

Bellas, those doctors need to give you written statements explaining his incapacity and the court will appoint a temporary guardian while a court-appointed MD determines his level of incompetence. It's a long and expensive process that includes extensive background checks on the conservator.

@kkaschke: would you be comfortable sharing with me the process you had to go through to be appointed as conservators? I have been advised by two of my husband's doctors that I must conserve him before he spends us into bankruptcy. I know it needs to be done and saw a lawyer who said the courts have to serve my husband with papers stating I am trying to become his conservator and when that happens, he will rage out of control and I am terrified how he will act out in his ALF and get kicked out. I live in our home down the street from the ALF as his care needs are more than I can handle at my age.

The bank will want to see the original copies of court documents, your ID and their ID to set up an account. Once the account is open, call ssa.gov at 1-800-772-1213 to arrange direct deposit and learn how to do the annual report.