Conservatorship, is it a joke?

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Conservatorship, is it a joke?

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I'm not sure if the bank I'm dealing with is a total joke or if the title of Conservator is? They will NOT let me take over the joint account that is already set up, they want me to open separate accounts for each ward (they are married). They then told me there is nothing keeping the wards from opening up another account and having their direct deposits changed again. This makes no sense.....should I seek out another bank? Did going to court and being appointed conservator really gain me anything?

Power of Attorney (POA)

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Coney, no they cannot have debit cards, the court has ruled that only the Conservator handles the money. If you are in NY, there is online training for Guardians and Conservators through the state court system. Do NOT bring copies of the court order to the bank. Bring the original and let them make a certified copy for their records. Close all credit cards they have ASAP

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I just thought of the possible problems with a small checking account. What if they got checks? They could write some bad ones. These are things I'd not considered before. Can you set up an account so that they can't order checks for it, but only access it using a debit card?

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What if you bought each a prepaid & reloadable VISA gift card that you can go online to track & print out the spending on? And when it runs low, you buy more value. These do usually have fees on reloading.

Also I'm surprised that the bank will not set up a separate singie checking account for the both of them, which you keep smallish (you transfer $ as needed from the primary account that you totally control) but has a debit card for each from the mini account. Does this banking group have an trust department? If so, the guys in that division will know how to get something set up as its alot like establishing a way for a minor or college student to get a debit card but without allowing them to clean out the account.

Conservatorship is quite character building, good luck & keep your sense of humor going.

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You could set them up small checking accounts if they are able to go to the bank to withdraw the money. Or you could get them a prepaid charge card. The problem with that is they may still try to use it after the money runs out. That would be inconvenient, but it will give you control. If you see them a lot, you can just give them cash (have them sign a receipt) each week. I don't know how much they need, but I'm sure you have an idea.

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Thanks SunnyGirl1, I've contacted the Social Security Administration about getting that taken care of. JessieBelle, the only thing I'm worried about is accounting for that 'allowance'. I have to keep records of everything received/spent from their accounts. Giving them cash isn't an option since they lose it. The bank says since the wards have had their rights removed, they are not able to get a regular debit card either?

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Coney, you've received excellent advice. You do need to set up personal accounts for the estates of each ward, with yourself as the conservator. You'll need to pay their bills and their employees from these accounts. You can provide each with an allowance each month. I had a wealthy but incompetent friend with a conservator that allowed him $1000 a month to spend as he chose. If your wards are very hard to manage and you see them often, you may want to give some weekly, instead of monthly. I don't know how tight their money is or how capable they are. If there is plenty of money to pay bank charges and your wards can go to the bank, you may want to set up small checking accounts for their monthly allowances. That would make transfers easy.

I don't envy your task at all. Be sure to keep good records for your annual reports. Being conservator brings with it a lot of extra responsibility.

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If you look at Representative Payee on the Social Security website, you'll see about becoming one to handle those funds. You aren't supposed to handle those funds without becoming the Representative Payee is my understanding, even if you are POA or an appointed Conservator. I'd check to make sure.

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Thank you for the answers :). I finally got the bank straightened out, I was just dealing with someone that wasn't very knowledgeable on the subject. So now that is changed as well as all the billers....but I still need to get everyone a copy of the court documents.

I still have to find a way to give them an allowance for co-pays and eating out when the guardian runs them about town. And my court paperwork says everything has to be paid by check so I'm baffled.

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Yes, you open separate accounts for each Ward, as the court wants separate financial reports for each Ward both initially and annually. You must carry that court order with you, make the bank keep a copy. You also inform the direct depositors, give them a copy of the court order as well.
Every creditor has to see that court order, and every MD and hospital and SS and pension payer. You might want to own a fax machine, because I found myself saying " What is your fax number? I'll fax you the court order right now." more than once.

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You might also have to go to the social security office and get representative payee status if you have not already. If they were impaired enough for you to get conservator/guardian, you are probably expected to find ways to prevent them from getting their hands on more money than they can afford to lose. I only had PO for my Mom, but I eventually found I needed to collect her checkbook and her QVC card and keep them somewhere safe, or she would have spent a few hundred bucks a month on more pewter trinkets from Wendell August Forge for "gifts" that no one wanted, plus $100.00 checks to people he wanted better service from (and would have been fired had they ever accepted and been caught) not to mention non-sugar free chocolates that she would SAY were gifts but eat all by herself. (I got her the other kind instead.)

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Thanks for your answer. The court actually told us (and it shows on our paperwork) that Guardian is in charge of health/medical and Conservator is in charge of financial. The bank will allow me to open a Conservator account for both wards separately, but has also told me there is nothing keeping them from opening another account and having social security direct deposited in to the new account (the bank fills out those direct deposit forms for their customers). That's why we went through all of this with the courts.....to keep them from opening/closing multiple accounts and then not paying bills, or messing with bill pay services that were already set up on draft...etc.

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I'd see an attorney in your jurisidistion about your questions, but often the Guardian opens an Estate Account that has the funds of the Ward in it. I've also seen investment accounts changed to the name of the Ward with Estate added to it or even the name of the Guardian added to it. I would expect to have separate accounts for each Ward, since you normally have to provide accountings to the court for each Ward on a regular basis.

Maybe someone who has gone through this will answer here.

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Conservatorship, is it a joke?

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