Contact your attorney if you need assistance with your accounting. OCM Educational Materials may be found on the OCM website: http://ocm.nashville.gov/ or on YouTube and should greatly assist in properly fulfilling your fiduciary duties. There is also a sample accounting packet on our website you may use as a guide.
The property management is a Court approved budget that tells the Court how the conservator will manage the respondent’s assets, pay for the respondent’s needs, and how the conservator plans on investing any remaining assets. The Inventory is a complete list of the respondent’s personal property, real property, and income. The inventory tells the Court all that the respondent possesses.
The Inventory is due sixty (60) days from the date of your appointment as conservator unless the inventory was separately stated as an inventory in the petition.
An Interim Annual Accounting is due six (6) months after the date of your appointment as conservator. Annual Accountings are due twelve (12) months from the date of your Interim Annual Accounting and every twelve (12) months thereafter.
An Annual Status report is due six (6) months after the date of your appointment as conservator. An Annual Status report is due twelve (12) months from the date of the first Annual Status Report and every twelve (12) months thereafter. The status report form is a form you can download from the Probate Court Clerk’s website (see above). The conservator is required to include with each status report a statement concerning the physical or mental condition of the respondent, which statement shall demonstrate to the court the need, or lack of need, for the continuation of the fiduciary’s services.
Many of the forms that are necessary to file with the court may be found on the Davidson County Probate Court Clerk’s website: http://circuitclerk.nashville.gov/probate/probateforms.asp
Yes. A status report is always required. Other documents such as an inventory, bond, accountings, and a property management plan will be required by the conservator unless the requirement is waived by the judge.
The appointment of a conservator does not automatically terminate a person with the disability’s duty to support a spouse or minor children. The Court may establish the amount of financial support to which a spouse or children are entitled.
A conservator may be discharged or have conservatorship duties modified when the Court determines by a preponderance of the evidence that the respondent is no longer disabled or that it is in the respondent’s best interest to do so. The Court may also remove or modify a conservator on grounds the conservator has not performed as required by law or does not act in the respondent’s best interests.
A guardian ad litem (“GAL”) is a person the court may appoint to impartially investigate the facts of the case and make a report and recommendation to the Court on whether a fiduciary should be appointed and whether the proposed fiduciary is the appropriate person to serve. Unlike the AAL, the GAL does not defend against the requested relief on behalf of the respondent. The guardian ad litem serves as an agent of the court, and is not an advocate for the respondent or any other party.