Overview
In our sample of 40 conservatorship case files during our audit period, there were 41 instances where the HCPFC Register’s Office did not schedule show cause hearings and assign guardians ad litem to investigate cases after conservators did not submit accounts within required timeframes. If the office does not take these actions, it cannot ensure that the assets of individuals with conservators are adequately protected.
The 41 instances were as follows: 19 of 40 conservators did not file their first accounts within 15 months of the date of qualification, 7 of 40 conservators did not file annual accounts in calendar year 2019, and 15 of 40 conservators did not file annual accounts in calendar year 2020.
Authoritative Guidance
Section 5-418(a) of Chapter 190B of the Massachusetts General Laws states,
Each conservator shall account to the court for administration of the trust not less than annually unless the court directs otherwise, upon resignation or removal and at other times as the court may direct.
HCPFC’s Decree and Order of Appointment of Conservator states,
The first Account of the Conservator must be presented . . . within fifteen (15) months of the date of this decree unless otherwise ordered by the Court.
The Trial Court’s “Best Case Practice for Failure to File a Conservator Account” states,
- The court shall schedule a “show cause” hearing for all [conservators who did not file required accounts]. . . .
- At the “show cause” hearing, if the Conservator FAILS to appear, the Judge should [order a guardian ad litem to be assigned].
Reasons for Issue
HCPFC officials told us that the prior administration of the HCPFC Register’s Office had not appointed a staff member to schedule show cause hearings and assign guardians ad litem when conservators did not submit accounts within required timeframes.
Recommendation
The HCPFC Register’s Office should appoint a staff member to schedule show cause hearings and assign guardians ad litem when conservators do not submit accounts within required timeframes.
Auditee’s Response
To address this issue, a staff member has been given the responsibility to identify cases requiring show cause hearings and present to Assistant Judicial Case Managers for scheduling.
The same staff member will also identify cases needing Guardian Ad Litem’s and present those cases to the Assistant Judicial Case Managers for appointment.
Auditor’s Reply
Based on its response, HCPFC is taking measures to address our concerns on this matter.
| Date published: | June 24, 2022 |
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