Common Mistakes Conservators Make and How to Avoid Them

You took on the role of conservator for someone in your life because you love and care for them. However, you quickly realize that your new role comes with several legal obligations that you weren’t really prepared for. There are court deadlines, financial reports, and countless demands on your time. Knowing the common mistakes that other conservators make can help you focus on what matters the most: helping your loved one.

Failing to Understand the Scope of Authority

Before a conservator takes any action, they must understand what they are and are not allowed to do. The scope of authority is the legal authority a conservator has to act on behalf of another person. The protected person retains all of their rights that are not specifically removed and transferred by the court order. Avoid this mistake by not acting beyond the authority given. Don’t make or act on unauthorized decisions.

Missing Court Filings and Deadlines

There are countless deadlines for conservators to track. Missing these deadlines can come with serious consequences, such as sanctions and late fees. In addition to their ongoing management tasks, conservators are required to submit an initial inventory report within 60 days and an annual accounting report. Maintaining a calendar of essential dates is crucial for staying organized and meeting deadlines.

Failing to Maintain Proper Financial Records

As a conservator, it is your job to manage someone else’s estate and finances. This needs to be approached with the same level of seriousness as your own. Not keeping detailed records will result in a conservator not being able to justify their decisions. Keep a record of all income, expenses, and assets.

Commingling Funds or Misusing Assets

It can be tempting to spend when you suddenly have access to a large amount of assets. However, conservators must remember that this money and these assets are not theirs. They are being entrusted to manage them for someone else. A conservator should always act in the best interests of the protected person. Never co-mingle personal and conservatorship funds. Never use conservatorship funds for personal interests. Avoid any transaction that could be viewed as self-dealing.

Taking Major Actions Without Court Approval

While conservators have the authority to make decisions and take actions, their authority isn’t endless. A conservator must obtain court approval before taking certain actions. Selling real estate, creating a trust, or changing the beneficiary listed on an account requires court approval. To gain approval, a petition should be filed with the court.

Failing to Report Required Changes to the Court

Conservators have a duty to report to the court. Legal issues, bankruptcy, and criminal charges are major life events that the court must know about. These issues can directly affect a conservator’s ability to perform their duties.

The court also needs to know how to contact the conservator. If there are changes in contact information, these need to be communicated to the court.

Not Seeking Modification When Circumstances Change

The purpose of a conservatorship is to protect and fulfill the needs of the protected person. It’s a conservator’s duty to ensure those needs are met. If the current conservatorship doesn’t reflect or fulfill the protected person’s needs, it’s the conservator's responsibility to petition the court for a change. It’s a common mistake for a conservator to continue with the outdated arrangement. Modification should happen when the protected person’s capacity improves or declines.

Failing to Plan for Succession or Inability to Serve

Life is unpredictable. While a conservator may be secure in their role right now, they may not be able to perform it forever. A succession plan is essential to ensure the protected person is cared for. The person named in the succession plan should be able and prepared to step into the conservator role should the need arise.

If a conservator can no longer perform their role, they should petition the court to appoint a successor. They should never simply walk away or abandon their role without court approval.

Overlooking Required Background Checks and Compliance

It’s important for conservators to maintain their status as legally eligible to perform their role. Part of this is performing the required background checks and licensing agency checks. These are performed by multiple government agencies:

• Minnesota Judicial Branch (MJB)
• Minnesota Bureau of Criminal Apprehension (BCA)
• Department of Human Services (DHS)

The BCA and DHS perform their individual checks and then submit the report results to the MJB. There are fees for having checks performed that must be paid at the time a request for a check is submitted. Maltreatment and licensing agency checks are valid for five years.

Gain Legal Guidance

Avoiding common mistakes as a conservator starts with understanding your responsibilities and staying proactive about compliance. An experienced Minnesota conservatorship attorney can help you navigate these responsibilities with clarity and confidence. Our firm provides practical support and trusted guidance for conservators at every stage.

Dave welcomes you to contact him at (612) 677-8351 or by emailing dave@daveburnslaw.com to discuss your trust litigation matter. He is available to meet with clients in both Minneapolis and St. Paul.