Conservator Handbook - Probate Court Of Mobile County Page 4
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21CONSERVATOR HANDBOOK
Probate Court of Mobile County, Alabama
TO THE PROPOSED CONSERVATOR FROM THE PROBATE COURT OF MOBILE COUNTY,
ALABAMA:
You are seeking to be appointed a Conservator. A Conservator is one who preserves,
protects and manages the assets of someone else. That person whose assets you are preserving
is called the Ward. To be a Conservator is a great responsibility. It is most important that you
understand the legal requirements that will be placed upon you if the Court grants your petition and
appoints you as conservator. The value and importance of retaining an attorney to help you as you
proceed through the conservatorship cannot be overemphasized.
Your attorney can provide you with assistance by explaining the process, the requirements
and certain standards that must be maintained during your conservatorship administration. The
Court stands ready to assist in certain areas, but please note that the Court can never provide you
with legal advice or counsel. Therefore, it is absolutely vital that you confer with your attorney at
the earliest convenient time before you are appointed and, after appointment, any time you have
questions or need advice about your duties and responsibilities as Conservator.
General Information
Please note that if the Court appoints you as a Conservator, certain things will be required
of you. You must know now what these requirements are and be prepared to fulfill them from the
very beginning of your Conservatorship.
Bond:
Once the Court has approved your petition, before you can ever act as a Conservator, you
must file a bond with the court in a monetary amount that will be set by the Court. A bond is
protection for the Ward from losses you may have caused by your conduct as Conservator. Should
you make any unauthorized disbursements, dispose of assets inappropriately, or otherwise fail to
administer the Conservatorship estate in accordance with legal requirements, the bond is a type
of surety whereby the court tries to insure that the Ward will not lose his assets. This does not
mean that your conduct will be overlooked. The bonding company may pursue you to obtain
repayment of all monies the company had to spend because of your conduct. In addition, the
company will also seek attorney's fees from you.
It will cost money to obtain the bond and the amount will vary depending on the size of the
bond the Court requires. The assets of the conservatorship estate may be used to pay for this
bond. Once your bond is filed with the court and approved, you will be sent "Letters of
Conservatorship." Once you have Letters of Conservatorship from the Court, you are then entitled
to act as a Conservator for that Ward.
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