Conservatorship
A conservatorship is a position established by the Court to manage a person’s financial affairs that the person (called the conservatee) is not able to manage on their own.
The Court allows the conservatee to retain decision-making abilities that they demonstrate they can handle.
A court appointed conservator has a fiduciary responsibility to manage the conservatee’s financial resources in a professional, legally compliant manner. A fiduciary duty is a legal or ethical relationship of confidence or trust between two or more parties. Typically, a person acting as fiduciary manages money for another person in a prudent manner. The conservator has a responsibility to report to the court on how it is managing the financial affairs of the conservatee.
Signs of Financial Abuse and Fraud
Financial abuse occurs when someone preys on a person, stealing from and denying them access to their own money or property. The perpetrator could be a family member, friend, stranger, financial advisor, or businessperson. Victims can lose minimal amounts of money up to their life savings and homes. Everyone can help prevent financial abuse and fraud by watching for the signs and symptoms and reporting it.
Signs & Symptoms
- Bills aren’t paid on time when they have been before.
- A person is forced to sell or give away property, sign a power of attorney, or change title of property to someone else.
- Family member or friend who is supposed to be helping the person starts buying things he/she cannot afford or living more extravagantly than in the past.
- The person is offered care in exchange for property or access to bank accounts.
- The individual’s financial accounts show activity he/she could not have done, such as making an ATM withdrawal when bedridden.
- A person’s financial situation suddenly changes or bank account shows unusual activity.
- Their personal belongings are missing.
- An individual’s Will is suddenly changed.
- A person makes changes to previous financial decisions but does not understand those changes.
- An individual is isolated from friends or family.
Establishing a Conservatorship with CGCM
Who is eligible for services
CGCM will determine if an applicant is appropriate for its program by reviewing the applicant’s history as part of the initial intake process.
Financial resource assessment
In order to assess the complexity of a case, a review of all financial resources and assets is required in determining a “five year look back” of all financial transactions.
Fees are based on an individual’s financial resources and assets. A release of information will be completed in order to review all financial resources and assets.
Legal analysis
Upon completion of the financial resource assessment, a legal analysis is provided to ensure compliance of Medicaid regulations. The legal analysis provides extensive review in determining the type of services needed.
Conservatorship with CGCM
CGCM trained and qualified staff are capable of performing all necessary tasks to meet conservatorship requirements.
CGCM is responsible for:
- locating and managing the conservatee’s assets that remain in their estate;
- paying ongoing expenses for the conservatee;
- maintaining and managing property;
- arranging for the conservatee’s care placement and medical decisions; and
- preparing and submitting annual reports to the Court on all activities undertaken by CGCM.
In keeping with CGCM’s holistic approach, conservators value the individual conservatee’s strengths, weaknesses, interests, wishes and dignity. Input from the conservatee and others is always sought to ensure the best decisions are made on behalf of the conservatee.
Conservator Duties
CGCM will coordinate the development of a conservatorship if a referral is brought to its attention. Referrals for conservatorships come from financial institutions, investment firms, family members, social workers, human service organizations, and attorneys. CGCM will work with appropriate parties to gather information about the conservatee in order to make decisions for the conservatee that meet their expressed wishes, where known, as well as the best interests of the conservatee.
CGCM has legal staff who can draft and file a petition to become a Court appointed Conservator.
CGCM’s Board reviews cases quarterly so they can assess the quality of current fiduciary services being delivered and ensure that CGCM is meeting all court ordered requirements.
How Can We Help You?
Office
130 Neill Avenue – the Top Floor
Helena MT 59601
Mailing
P.O. Box 1419
Helena MT 59624
Phone
(406) 422-3904