Legal Conservatorship Letters

LEGAL CONSERVATORSHIP LETTERS

Court Name:   Case No.:

Conservatee Name:   Date of Birth:

Conservator Name:

Conservator Address:

RECITALS

WHEREAS, on the Court held a hearing in the above-captioned matter and found by clear and convincing evidence that the Conservatee is incapacitated to the extent described in the record; and

WHEREAS, the Court appointed the person named above as Conservator of the person and/or estate of the Conservatee and ordered issuance of letters evidencing the Conservator’s authority; and

WHEREAS, the Court requires the Conservator to accept the duties and powers set forth in the order and in these Letters and to comply with any bond, accounting or reporting requirements imposed by law or by further order of the Court;

NOW THEREFORE

The Court hereby issues these Letters of Conservatorship and directs as follows:

1. GRANT OF AUTHORITY

The Conservator, identified above, is vested with the authority granted by the Court to act on behalf of the Conservatee as provided in the Court’s order. Subject to the conditions and limitations below, the Conservator is authorized to exercise the following powers:

Conservator of the person: authority to make decisions concerning personal care, medical treatment, habilitation, residence, and social services; and

Conservator of the estate: authority to manage, conserve, invest, and disburse the Conservatee’s assets for the Conservatee’s support, care, education, health, and welfare.

Additional specific powers granted (check all that apply):

Sell, lease, or encumber real property as authorized by Court order;
Borrow funds and execute promissory notes and security agreements when necessary for the Conservatee’s benefit;
Invest and reinvest assets in accordance with fiduciary standards and applicable law;
Pay existing debts, taxes, and expenses of administration; and
Enter into contracts necessary for the Conservatee’s care and estate administration.

2. DUTIES OF THE CONSERVATOR

The Conservator shall administer the Conservatee’s person and/or estate in good faith, with reasonable care, and in accordance with the highest fiduciary standards. The Conservator’s duties include, without limitation:

a) Promptly safeguarding the Conservatee’s property and providing an accounting of receipts, disbursements and transactions when required by the Court;
b) Maintaining accurate records and bank accounts in the Conservatee’s name or designated conservatorship account and preserving receipts and documentation of expenditures;
c) Filing periodic reports and accountings as required by statute or Court order;
d) Acting in the Conservatee’s best interest and avoiding conflicts of interest; and
e) Complying with any bond, inventory, or appraisal requirements ordered by the Court.

3. LIMITATIONS ON AUTHORITY

The Conservator may not exercise powers beyond those expressly conferred by the Court. Unless the Court’s order expressly authorizes otherwise, the Conservator shall not:

a) Make extraordinary gifts or transfers of the Conservatee’s property;
b) Terminate or substantially alter advance directives, durable powers of attorney, or beneficiary designations except as permitted by law and order of the Court;
c) Waive the Conservatee’s legal rights in litigation without Court approval.

4. BOND; ACCOUNTING; COURT SUPERVISION

If required by the Court, the Conservator shall procure and maintain a bond in the amount of and shall file inventories and periodic accountings in accordance with statute and Court directives. The Conservator remains subject to the continuing supervision of the Court.

5. ACCESS TO RECORDS AND THIRD PARTIES

Third parties, including financial institutions, medical providers, and governmental agencies, are authorized to release records and to accept instructions from the Conservator upon presentation of a certified copy of these Letters. Third parties may rely on representations made by the Conservator in the absence of actual knowledge of termination or limitation of these Letters.

6. NOTICE REQUIREMENTS

All notices required to be given to the Conservator by the Court shall be sent to the Conservator at the address provided above unless the Conservator files a change of address with the Court. Notices to the Court or to the issuing Clerk shall be directed to the Court clerk at:

7. DURATION AND TERMINATION

These Letters remain in effect until termination by the Court, resignation accepted by the Court, the Conservatee’s death, or as otherwise provided by law. Upon termination, the Conservator shall promptly deliver an accounting and transfer assets as ordered by the Court.

8. MISCELLANEOUS PROVISIONS

Governing Law: These Letters are governed by the laws of the jurisdiction of the issuing Court.

Entire Agreement: These Letters, the Court’s appointing order, and any written amendments constitute the entire directive regarding the Conservator’s authority and responsibilities and supersede prior informal authorizations.

Severability: If any provision of these Letters is held invalid or unenforceable, the remainder of the Letters shall remain in full force and effect.

Amendments; Waiver; Counterparts: These Letters may be amended only by Court order. No waiver by any party of any provision shall be effective unless set forth in a written order of the Court. These Letters may be executed in counterparts and shall have the same force and effect as an original.

9. ACKNOWLEDGMENT AND ACCEPTANCE

By signing below, the Conservator acknowledges receipt of these Letters, accepts the appointment, and agrees to perform the duties and exercise the powers conferred herein in accordance with law and Court orders.

CERTIFICATION BY COURT CLERK

I certify that the foregoing is a true and correct copy of the Letters issued by the Court in the above-entitled matter and that the appointment and authority described herein are in accordance with the Court’s order.

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