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POWERS AND DUTIES OF A CONSERVATOR: Relationship Between the Guardian and the Conservator

If the conservatee has a guardian other than yourself, it is important that you and the guardian communicate with each other and work closely together to meet the conservatee's needs. The guardian is responsible for making personal decisions, including decisions concerning health care and other help that the conservatee is to receive and where the conservatee is to live. The conservator is responsible for using the funds of the conservatee wisely and budgeting them to make sure there is enough to meet the conservatee's needs over the conservatee's expected life. Some decisions such as the appropriate place where the conservatee is to live involve both the guardian and conservator. If the guardian and conservator are not getting along with each other or do not take the time to work together, the interests of the conservatee will be harmed. In such a case, the court might change the guardian or conservator or both.

As conservator, you should
consider the recommendations of the guardian concerning the needs of and appropriate care of the conservatee. You can follow these recommendations without violating your duties as conservator unless they are clearly not in the conservatee's best interest. You should not follow any recommendations that will result in financial benefit to the guardian other than payment of reasonable fees for serving as guardian. If the guardian will receive a financial benefit, such as payment for caring for the conservatee, you can decide whether the recommendation is proper, fair or reasonable. But you should use your own careful judgment and not be influenced solely by the guardian’s request.

Correctly answer the following question to move on to the next section:

As the conservator, you should
a. Keep your distance from the guardian, since you and s/he have a conflict of interest
b. Work closely with the guardian, but never give the guardian money
c. Leave all the financial decisions up to the guardian
d. All the above
e. None of the above

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