We recently had a client who passed away but the conservator
is billing for activities performed after date of death. Do other
counties pay for guardianship or conservatorship activities after DOD, is there
a cap amount? In the past we haven’t paid anything after DOD for guardianship,
but we have a new director who’s looking for statute that says we can’t.
Any information would be appreciated.
Thanks!
Carli Goble
Fiscal Supervisor
Aitkin County Health & Human Services
Accounting Department
204 1st Street NW
Aitkin, MN 56431
Phone (218) 927-7200
4 comments:
Pennington County does not pay guardianship or conservator fees after date of death because these end at time of death. We have received very little push back on this.
Wright County -
Maybe. If the guardian/conservator is court appointed and the fees are reasonable for the work that took place and fees were routinely paid prior to death, I would say yes. However, if this is a child/grandchild/family member simply attempting to gain funds from the decedent OR if there were no fees paid prior to death, then I would go with no. I do not know of anything formal that says we can’t pay guardianship or conservator fees after death. You could look at classification of claims MN Statute 524.3-805 and the fees could be considered costs and expenses of administration.
Per our Social Worker Supervisor:
Technically, conservatorship ends after death. It is an issue if proper arrangements have not been made or if death is unexpected. We do allow for some discretion if the estate needs to be dealt with. They are required to get approval for those hours.
MNPrairie County Alliance
Per Geneva Finn (DHS)
The powers of the conservator end at death, but there may be lawful and reasonable fees associated with returning the property to the estate of the protected person.
The Minnesota Courts actually do have people who supervise conservator spending. They should be able to answer this. Webpage is here: http://mncourts.gov/Help-Topics/Guardianship-and-Conservatorship.aspx#tab05CAAP
MMC Help Line: (763) 279-0176
CAAP Manager: Jamie Majerus, Branch Audit Manager
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