Conservator Handbook - Probate Court Of Mobile County Page 8
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21a manner that is viewed as being in the best interests of the minor. A Conservator is encouraged to
obtain approval from the court before there are significant expenditures for vacations, out of town trips,
sport camp activities, etc.
Canceled Checks:
You must open and maintain a checking account for your Ward with a bank that will return
to you the original canceled checks each month or provide statements with "thumbnail"
images of canceled checks. When it is time to do a partial settlement and accounting as
explained below, the Court requires you to produce original canceled checks, bank copies thereof
showing both the front and the back of each cancelled check, or bank copies of thumbnail images.
Records:
The first and foremost obligation of a Conservator is to keep detailed records of all financial
activity on behalf of the Ward. This means keeping a detailed record of all income received by the
Ward and a record of all disbursements paid out on behalf of the Ward during the conservatorship.
You must also obtain and keep all bank statements and evidence of canceled checks for any
checking account you open for the Ward; a copy of all statements from any savings account or
statements concerning any CD that you opened on behalf of the Ward. You must keep copies of
all receipts showing disbursements of the Ward's money.
You are also required to keep records of all non-cash assets such as personal tangible
property (furniture, jewelry, silverware, etc.); all real property; all insurance policies in effect on the
Ward's life; any burial policy owned by the Ward; and any other property owned by the Ward that
is not in the form of cash. You must take action to protect and preserve these properties.
Record Maintenance Date:
Because you are required to keep detailed records of all financial activity, you must begin
the conservatorship with a record keeping system in place. This is not a requirement that exists
only at the time of doing the partial accounting. You should talk with your lawyer about the record
keeping system that you will use and demonstrate to him or her your understanding that this
obligation to keep records exists from the very beginning of the conservatorship and that you will
be responsible to do the same. Attached hereto as Exhibit "C" are examples of the type of record
keeping system you are encouraged to use·.
Expenditure and Sales:
In general, Conservators must expend the estate funds only for the benefit of the Ward.
Conservators may not generally expend the Ward's money to benefit other family members without
prior court approval. No expenditure of estate funds is permitted unless authorized by the court or
by State statute (see§ 26-2A-153). If you have any question about spending the Ward's money,
check with your attorney first before making the expenditure.
The Conservator may not sell or cause a lien to be placed on estate assets without court
approval. If you wish to sell any estate asset, make certain you confer with your attorney and have
him file the appropriate petition seeking the Court's permission before you sell the estate asset.
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