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GUIDELINES FOR PREPARING A
CONSERVATOR’S FINANCIAL PLAN
BACKGROUND INFORMATION. The following information is provided to assist you in
preparing a Conservator’s Financial Plan when you are ordered by the court to do so.
The court may at the time of your appointment or at any other time order you to prepare
and file a Financial Plan. The Plan is necessary to protect and manage the income and
assets of the protected person and must be filed with the Court within 90 days of the
order.
The plan must be based on the actual needs of the protected person and take into
consideration his or her best interests. It must include steps to develop or restore
the person's ability to manage his or her property, an estimate of the duration of
the conservatorship, and projections for expenses and resources.
The purpose of the Plan is to present a budget for the upcoming year in a format which
is meaningful to the interested parties. The Plan should be understood by persons who
are not accountants or lawyers. The information should be presented in a simple but
complete format to help everyone understand the planned administration of the
conservatorship.
First, gather all of the protected person’s financial information, then complete the form
provided by the court for this purpose. Wherever space is insufficient, you may attach
additional schedules.
You must provide copies of this Financial Plan to the protected person and any others
as identified in the order appointing the conservator, within 10 days of filing with the
court and indicate having done so by completing the Certificate of Service at the end of
the form.
to maintain supporting documentation
for all receipts and
You are required
disbursements including detailed billing statements from any professional. The court or
any interested persons as identified in the order appointing the conservator may request
copies at any time.
Interested persons have the right to review and respond to information contained in the
Financial Plan within 30 days of the date of service or by the date of any hearing,
whichever occurs first.
First, provide all the requested identifying information for the case, the protected person
and the conservator.
PART I
First complete Schedules A through C of Part III. Then, write the final amounts from
each Schedule in the Summary of Financial Plan. Calculate and insert the Net Income
by subtracting the Disbursements from the Receipts.
This will help to show if the person’s income is enough to support his or her expenses,
or whether steps must be taken to apply for public benefits or sell assets.
Provide a short narrative of the steps you will take to help the protected person to learn
to or regain the ability to manage his or her own property or finances. This may include
moving accounts to accessible financial institutions, arranging for direct deposit of
pension income, providing checks designed for the visually impaired, providing a small
account for spending money, arranging for periodic occupational therapeutic activities.
Attach additional schedules if the space provided is inadequate.
Estimate the likely duration of the conservatorship, keeping in mind the steps to be
taken to restore the protected person’s ability to manage his or her own affairs.
Are the assets in the estate sufficient to provide for the present and future care of the
protected person? If not, describe why and what steps should be taken. Attach
additional schedules if the space provided is inadequate.
PART II
A. Resources/Receipts/Income
List in detail each expected regular source of receipt or income. Include the payer,
description by type of receipt (interest income, dividends, social security, and so forth),
and other details to identify the income source (such as account numbers).
Insert the expected monthly amount and yearly amounts. If the amount is to be received
monthly, indicate so and multiply by 12 for the yearly amount. If the amount is to be
received yearly, indicate so and divide by 12 for the monthly amount.
Enter the total in Part I. If the space provided in the form is insufficient, attach an
additional schedule.
B. Expenses/Disbursements
List in detail all the money you expect to spend on behalf of the protected person during
the next year. List the person or company to be paid and the purpose or reason for the
expense.
Insert the expected monthly amount and yearly amounts. If the amount is to be paid
monthly, indicate so and multiply by 12 for the yearly amount. If the amount is to be paid
yearly, indicate so and divide by 12 for the monthly amount.
Enter the total in Part I. If the space provided in the form is insufficient, attach an
additional schedule.
C. Projected Payments to Professionals
List in detail all the money you expect to pay for professional fees to attorneys, doctors,
accountants or others. Include any amount you expect to receive for a fee for acting as
conservator and to anyone, including yourself acting as guardian for the protected
person. Also, enter this total as the first item in Part II.B.