MUPC Article V procedural outline - Q. Conservator spending plan, inventory and account, and monitoring (section 5-418 (f))

The contents of this outline are intended to provide general guidance to Court staff in the handling of guardianship of incapacitated persons and conservatorship cases. This outline does not cover guardianship of minors matters.

1. A conservator’s Spending Plan, if ordered by the Court to be filed, shall be filed on or before the date specified by Order of Court. If no date is specified, the Spending Plan shall be filed within sixty (60) days of such Order. 5416(c)
2. The conservator’s Inventory shall be filed within ninety (90) days of the conservator’s appointment. 5417
3. The conservator’s Account shall be filed not more than sixty (60) days following each year anniversary of the conservator’s appointment, unless otherwise directed by Order of Court. 5418( a).
4. The conservator’s first Account shall be presented for allowance not more than fifteen (15) months following the conservator’s appointment. All subsequent Accounts shall be presented annually or at other times as ordered by the Court.
5. A report on a protective arrangement or other specific transaction by a conservator shall be filed at such time as may be required by Order of Court.
6. A conservator’s Final Account shall be filed not more than sixty (60) days following (1) the resignation or removal of the conservator, (2) the death of the Protected Person or (3) any other event terminating the conservator’s appointment.
7. Upon presentation for allowance of an Account, the Court shall appoint a Guardian ad litem to review such Account. Unless otherwise directed by the Court, the guardian ad litem shall file a written report on the Account within ninety (90) days of the GAL’s appointment.
8. Upon receipt of the guardian ad litem’s report, the Account and report shall be shall be reviewed by a judge or judicial designee. If the Account appears to be accurate and complete, the Court may enter judgment allowing the Account without hearing. If an objection is filed or if the Account does not appear to be accurate and complete, the Court shall schedule a date for review and conference with respect to the Account, and shall notify the conservator, the protected person, the guardian ad litem and all interested persons of the date and place of such conference. The conservator and any other person required by the Court’s notice shall appear at such conference. Other interested persons may attend.
9. If accounts are placed on file and, by Court Order, are not required to be immediately presented for allowance, upon filing of the accounts Court staff or other individuals trained and designated by the Court shall review the account schedules to ensure that the protected person's funds are being properly managed.
10. Each Division will periodically review the filing of Inventories, Spending Plans, Accounts and Reports using MassCourt data retrieval. If any Spending Plan, Inventory, Account or Report is not filed on or before the due date, the Court or a judicial designee shall send to the conservator a Notice of Non-Compliance, advising that if the required document is not filed within fourteen (14) days, a hearing may be scheduled to show cause why the required document has not been filed.
11. If any required Account, Plan or Report is not filed within fourteen (14) days after Notice of Non-Compliance is mailed to the conservator by the Court, the Court shall order the conservator to:
    1. Attend a conservatorship Workshop, or
    2. Appear for a hearing, with notice to interested parties, at which the Court may:
       1. Remove the conservator;
       2. Appoint a special conservator;
       3. Appoint counsel for the protected person;
       4. Appoint a guardian ad litem;
       5. Order that the conservator pay any costs, counsel fees and/or guardian ad litem fees incurred as the result of such guardian’s noncompliance with reporting requirements; or
       6. Enter such further order as the Court may deem appropriate and requisite.