§ 21-2071 — Distributive duties and powers of conservator.

District of Columbia § 21-2071

• Jurisdiction: District of Columbia
• Title 21: Fiduciary Relations and Persons with Mental Illness. [Enacted title]
• Ch. 20: Guardianship, Protective Proceedings, and Durable Power of Attorney.
• Subch. VI: Protection of Property of Incapacitated, Disappeared or Detained Individuals.

Text

A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected individual and dependents in accordance with the following principles:

(1) The conservator shall consider recommendations relating to the appropriate standard of support, education, and benefit of the protected individual or dependent made by the protected individual and a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons furnishing support, education, or care to the protected individual or a dependent pursuant to the recommendations of a guardian of the protected individual unless the conservator knows that the guardian derives personal financial benefit from the recommendation, including relief from any personal duty of support, or knows that the recommendations are clearly not in the best interest of the protected individual.

(2) The conservator shall expend or distribute sums reasonably necessary for the support, education, care, or benefit of the protected individual and dependents with due regard to:

(A) The size of the estate, the probable duration of the conservatorship, and the likelihood that the protected individual, at some future time, may be fully able to be wholly self-sufficient and able to manage business affairs and the estate;

(B) The accustomed standard of living of the protected individual and dependents; and

(C) Other funds or sources used for the support of the protected individual.

(3) The conservator may expend funds of the estate for the support of individuals legally dependent on the protected individual and others who are members of the protected individual’s household who are unable to support themselves and who are in need of support.

(4) Funds expended under this section may be paid by the conservator to any person, including the protected individual, to reimburse for expenditures that the conservator might have made, or in advance for services to be rendered to the protected individual if it is reasonable to expect that the services will be performed and advance payments are customary or reasonably necessary under the circumstances.

(5) A conservator, in discharging the responsibilities conferred by court order and this section, shall implement the principles described in section 21-2055(a).

Legislative History

Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Mar. 24, 1998, D.C. Law 12-81, § 14(w), 45 DCR 745