Authority and Responsibilities of a Conservator

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Limited or full appointment?

When the court says you are the conservator, it will give you an order and Letter of Conservatorship. Your letter tells you exactly what you are allowed to do. Most of the time, unless the court says you can't, you have the same power over the person's money and things as they used to have. But, you cannot make decisions about what happens to their property when they die.

You will need to show the Letter of Conservatorship to places like banks to prove you are the conservator.

Utah Code Section 75-5-408. 

 

Filing required reports

  • You must file with the court an inventory listing the protected person's property within 90 days after being appointed.
  • You must file with the court an accounting of the protected person's estate every year unless the court changes the reporting period and/or the frequency of the report.
  • You must file with the court a final accounting when the conservatorship ends, such as if the protected person dies or regains capacity of if the conservatorship is moved to another state.
  • The reports are required. Failure to file a report or making a substantial misstatement in a report could result in a $5,000 fine.
  • For more information and forms, see our page on Reports Required from the Guardian and Conservator.
     

Order and letter of conservatorship

Your letter of conservatorship is proof of your authority to make decisions and act on the protected person's behalf, and you will present this to others — such as healthcare providers, insurance agents, residence administrators, banks, and other individuals and institutions — when that person asks for a record of your authority.

Some people might ask for a photocopy, which you or they can make.

Others might need a certified copy. A certified copy is treated like an original and is available only from the court. There is a fee for a certified copy, and you may want to keep a few certified copies handy for convenient use. For information about fees, see our page on Fees.

The original order and letter of conservatorship will remain in the court file, and you may access the file any time the court is open.

 

Notice of appointment

As soon as possible after your appointment you should notify the people and entities that you will be working with and interested persons, such as:

  • the protected person's spouse, children, parents and other family members who were involved in the case;
  • the protected person's employer;
  • the administrator or manager of the protected person's residential facility;
  • the protected person's healthcare providers and caregivers;
  • the protected person's education and training providers;
  • banks, savings and loans, credit unions, and other financial institutions where the protected person has savings or checking accounts or credit or debit cards;
  • stockbrokers and financial advisers;
  • companies in which the protected person owns stock;
  • insurance agents;
  • government agencies, such as Social Security Administration, Veterans Administration and Workers Compensation Fund, from which the protected person receives payments;
  • pension plan administrators;
  • people who owe the protected person money or to whom the protected person owes money;
  • the county recorder in every county in which the protected person owns land;
  • the post office, if you want to change the protected person's mail address; and
  • anyone involved in a lawsuit by or against the protected person.

To notify someone of your appointment, you should:

  • inform the person or entity that you have been appointed;
  • give to each a copy of your letter of conservatorship and an address, email address and telephone number at which you can be reached;
  • ask the person or entity whether they recognize your authority or need something else.

 

Conservator's authority and responsibilities

The authority and responsibilities of a conservator are regulated by statute and are sometimes highly technical. A full description is beyond the scope of this page. Unless the court has limited your authority, you have the following authority and responsibilities under the law.

And, because Utah Code 75-5-417 imposes on the conservator the standards of a trustee, you should also consider the requirements of:

For more information about some of the conservator's specific decisions, see our pages on:

 

Consultation and delegation of authority

You cannot give your court power as conservator to someone else. But, you can ask anyone for advice. Talking to family and experts can help you decide what to do. You still have to make the final decision yourself.

Unlike guardians, conservators can't make a power of attorney for someone else to make all their decisions. But, you can choose someone to be your helper. Under the law, this helper is called an agent. You are still in charge of - and responsible for - what your helper does. Tell them clearly what you need them to do.

If you want to stop being conservator, or if you cannot do it anymore, ask the court to let you resign. Someone else will need to take over. See our page on changing or ending a guardianship or conservatorship.

Utah Code 75-5-424.

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