CONSERVATORSHIPS GUARDIANSHIPS A Hands-On Perspective

Per TCA 34-1-101 2014 Supplement Conservator Guardian A person, persons or entity appointed by the court to exercise the decision-making rights and duties of a person with a disability, in one or more areas, in which the person lacks capacity as determined and required by the orders of the court. A person or persons appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor.

Per LMG 5-13-66 A conservatorship / guardianship is an opportunity to safeguard the finances, properties, and well-being of someone you may never meet.

CONSERVATORSHIPS GUARDIANSHIPS A Hands-On Perspective

CONSERVATORSHIP / GUARDIANSHIP CASES as of March 4, 2015 REMINDER CURRENT ACTIVITY Ward Cons/Guard # Appointed Due Date Comments Carpenter, Ethan Curtis & Carpenter, Brady Thomas Carpenter, Alisha 2012-104 Mar 2012 APR 14 – MAR 15 DUE APR 15 Send FID only 3/1/13. Sent 1st for FID statement 3/1/13. Send FID reminder 3/1/14. Sent 1st for FID on Ethan and Brady 3/3/14. Send FID reminders for Ethan and Brady 3/1/15. Sent FID reminder 3/2/15. Chapman, Paul II Chapman, Paul & Jawanna 2011-211 Jun 2012 JUN 14 – MAY 15 DUE JUN 15 Send FID only on 5/1/12. 1st request for FID sent 5/1/12. Send FID only 5/1/13. Sent 1st for FID statement 5/1/13. Send FID reminder 5/1/14. Sent 1st for FID 5/1/14. Sent 2nd request for FID via phone call / emailed to Jawanna 7/2/14. Send FID reminder 5/1/15. Coffman, Carolyn Sue Harrell, Larry E 2015-18 Jan 2015 FEB 15 – JAN 16 DUE FEB 16 Send FID reminder 2/1/16 Cole, Brandon Dean Davis, Angela & John 2010-136 Mar 2010 FID STATMENT ONLY APR 14– MAR 15 Send reminder FID ONLY 3/1/11. Sent 1st for Fid statement 3-2-11. Send FID only reminder 3.1.12. Sent FID reminder 3/1/12. FID reminder sent 3/1/12. Send FID reminder on 3/1/13. Sent 1st for FID statement 3/1/13. SEND FID REMINDER 3/1/14. Sent 1st for FID on 3/3/14. SEND FID REMINDER 3/1/15. Sent FID reminder 3/2/15. Collins, Rayvyn Collins, Deborah 2013-418 Nov 2013 DEC 14 – NOV 15 DUE DEC 15 Send FID reminder 11/1/14. Sent FID 11/3/14. SENT 2nd REQUEST FOR FID 1/5/15. Send FID reminder 11/1/15. Cope, Jeremy Lynn Cope, Jane Marie 2010-236 May 2010 FID only JUN 13 – MAY 14 DUE JUN 14 Randal could not locate as of 6/1/14. Bad add. & phone Send reminder 5/1/11 for FID ONLY. 1ST FOR .FID STATEMENT 5.3.11. Send FID reminder 5/1/12. 1st for FID only sent 5/1/12. Send FID reminder 5/1/13. Sent 1st request for FID statement 5/1/13. Send FID reminder 5/1/14. Sent 1st for FID statement 5/1/14. Resent to Algonquin street address 5/27/14.

SAMPLE LETTERS

PACKETS

PACKETS

CONSERVATORSHIPS GUARDIANSHIPS A Hands-On Perspective

ATTORNEY TALK

THEY ARE PEOPLE, TOO! Everyone forgets from time to time… ”Why was I going to the Clerk & Master’s office today?”

As fiduciary clerk… we have a duty to safe-guard the ward’s money from unnecessary and costly expenditures.

ANNUAL ACCOUNTINGS

THE ‘WILLY WONKA GOLDEN TICKET’

PACKETS

PACKETS

Accounting Process Required Accountings Waived Accountings Send a reminder letter and packet two months before the due date. Accounting due date is within 60 days from the anniversary of appointment. Accounting is to include all financial documents and the filing fee. Send a reminder letter and Statement of Fiduciary form. Statement due date is within 60 days from the anniversary of appointment.

WHEN ACCOUNTINGS ARE WAIVED…

Breakdown of Reminder Letters First request for annual accounting or fiduciary statement Second request for accounting or fiduciary statement Third request (include that a citation comes next, followed by a show cause)

REMINDER LETTERS

CHANGE OF ACCOUNTING PERIOD

DEALING WITH THE DIFFICULT ONES

GOING TO COURT… Make sure your notes about the case are well organized. Draft a summary of the notes, including a copy for the Chancellor and for the cons/guard. While at the podium, explain the basics of the case and explain why the Show Cause was issued. The cons/guard, at the podium will offer an explanation. The Chancellor will ask questions of me and the defendant, often asking my thoughts on how to resolve the issue. The Chancellor will make a ruling and (usually) I will prepare the order.

SOME CASES ARE SUBMITTED LIKE THIS…

OTHERS ARE SUBMITTED LIKE THIS…

After the case has been confirmed… Clerk’s Report, Approval Order, Summary

After the Order is Approved… Be sure to record it on your chart, so you can keep an accurate timeline of due dates.

REASONS FOR ‘MY DEFINITION’ Photos Notes on progress Stories about camps, treatment centers, etc. Updates on improvements Thank you cards Thank you notes Thank you calls

CLOSING A CASE Accountings Annual Contact The case ceases due to death, reaching the age of majority or proof of competency. The bond (if applicable) is not released until the final order is signed. The final accounting is to reflect the date from the prior accounting through the date of death. A death certificate is required. The case ceases due to death, reaching the age of majority or proof of competency. A final Statement of Fiduciary is to be filed. A death certificate or identifier of age is required.

Forms for Final Accounting / Statement

Forms for Final Accounting / Statement

Other Possible Areas of Concern… VA Accountings An ETHRA assigned conservator/guardian Guardianship cases opened within a probate case When conservators/guardians divorce When a conservator/guardian dies or resigns Others?????

WHEN IN DOUBT…GO TO THE BOOK TCA CODE 34-1-101 through 34-3-109 Tennessee Code Annotated

Michele Green Hamblen County Chancery & Probate Court 423-586-9112 l_michele_green@hotmail.com