Legal Question in Elder Law in Virginia

Conservatorship - contempt of court

I am the conservator for my father. I neglected to file the annual accounting for him and now have been summoned to appear in court facing a contempt of court action. What can I expect in the way of retribution? Do I need to contact an attorney? What is the possibility that I will have to go to jail? I have not misappropriated any of his funds. I couldn't get the report to balance and never filed it.


Asked on 5/22/03, 4:11 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Conservatorship - contempt of court

You may benefit from representation before this hearing. Maryland's contempt law is not well defined and broad thus allowing considerable room for judicial leeway. Maryland does not have a classification system for contempt hearings and whether the matter is civil or criminal depends on the outcome of the hearing.

Conservator reports are required. If you require assistance with balancing your reports you should contact an attorney. You should definately have a report tendered to court. Contact me to discuss, Joe Holthaus (410) 619-5918.

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Answered on 5/22/03, 8:14 pm
Wayne Comer Wayne E. Comer, Esquire

Re: Conservatorship - contempt of court

Your inquiry is confusing in this respect. For your location I see VA posted but with MD in parens. I have some experience as a Virginia conservator. Ideally you would see a person who is a CPA AND an attorney. Otherwise, I would see

a CPA but be sure they have some actual experience in these matters as there are a lot of technicalities. Of course you must balance and

send your statement of account ASAP. Also reread the set of instructions the Fiduciary Dept. would have provided at the time of your qualification.

Finally, I would recommend that you talley your

account with the aid of Microsoft Money or Quicken.

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Answered on 5/24/03, 10:55 am


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