1. CONSERVATORSHIPS GUARDIANSHIPS A Hands-On Perspective

2. 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.

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

4. CONSERVATORSHIPS GUARDIANSHIPS A Hands-On Perspective

5. 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
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
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 / ed to Jawanna 7/2/14. Send FID reminder 5/1/15.
Coffman, Carolyn Sue
Harrell, Larry E
Jan 2015
FEB 15 – JAN 16
DUE FEB 16
Send FID reminder 2/1/16
Cole, Brandon Dean
Davis, Angela & John
Mar
2010
FID STATMENT ONLY
APR 14– MAR 15
Send reminder FID ONLY 3/1/11. Sent 1st for Fid statement Send FID only reminder 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
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
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 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.

6. SAMPLE LETTERS

7. PACKETS

8. PACKETS

10. CONSERVATORSHIPS GUARDIANSHIPS A Hands-On Perspective

11. ATTORNEY TALK

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

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

14. ANNUAL ACCOUNTINGS

15. THE ‘WILLY WONKA GOLDEN TICKET’

16. PACKETS

17. PACKETS

18. 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.

19. WHEN ACCOUNTINGS ARE WAIVED…

20. 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)

21. REMINDER LETTERS

22. CHANGE OF ACCOUNTING PERIOD

23. DEALING WITH THE DIFFICULT ONES

24. 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.

25. SOME CASES ARE SUBMITTED LIKE THIS…

26. OTHERS ARE SUBMITTED LIKE THIS…

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

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

29. 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

30. 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.

31. Forms for Final Accounting / Statement

32. Forms for Final Accounting / Statement

33. 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?????

34. WHEN IN DOUBT…GO TO THE BOOK
TCA CODE through
Tennessee
Code
Annotated

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