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Hidden Clue?
Copy to Andrew Wysowatchy, PA
Her death certificate from the Nursing Home shared that she had fallen and broken her hip, but this does not usually require a Public Administrator to manage one's financial affairs.
It is important for family researchers to understand the
role of those who legally assisted our ancestors in order to prevent valuable
clues to go unnoticed, since this seemingly small hint may be the window to opening
or closing our ancestor's life story.
So when I realized that the letter in Helen's funeral file
was penned by a well-known Colorado Public Administrator, I quickly changed my
course of research, altered my Research Plan, and tried my luck at researching
in a close state. I've told you before,
there are many ways to skin a cat, and when it comes to closed states like Colorado
Thank you for your request. Due to the case type, we are not allowed to release information on cases regarding mental health issues. In addition, we cannot verify if we had a case matching a name either. These cases are sealed and protected from the public.
Thank you
xxxxxxxx -Speacilist/Deputy Registrar
Denver Probate Court
1437 Bannock Street
Denver, CO 80202
Hint: Once you mention
that your ancestor's court records were due to mental incompetence, you may
not get a lot of help from the Court staff in a closed state.
Step One
Know the laws of the state.
So besides tracking down the archived court records, it will behoove any
researcher to have a basic understanding of the state's rules and implementations
of such jobs as public administer, conservator, and guardianship. This will
guide the researcher on "next steps."
Basic Terms
Keep in mind that the laws of each state are uniquely implemented,
but as I have mentioned before, signatures of letters/correspondence carry a
lot of weight. In this case it implied
Helen was mentally incompetent to manage her own healthy pension $2500.00/month
by 1965. She had worked for Standard Oil Vacuum in China
Public Administrator
Public
Administrators, appointed by the court, may be responsible for decisions
regarding medical consents, educational/habilitation plans, finances and
general health of those entrusted to the office of the
Probate Court. The Probate Court
may also appoint a Public Administrator as to represent deceased estates. Fees
for the Public Administrator's services are paid by the ward's estate in
accordance state's statute. Two important responsibilities of the Public Administrator
are Guardianship and Conservatorship.
Guardianship refers to monitoring the physical well being of a ward and conservatorship refers to the financial administration of the ward's assets. The Public Administrator must report annually to the Probate Court on the financial and physical well being of each ward (person). Remember guardianship may apply to adults (elder care) or child. Again, know your state's rule.
Conservator.
The conservator is a court appointed "custodian of property." It often
has restricted power of duties. Conservatorship records are often closed since
it may indicate that your ancestor was "unable to effectively receive and
evaluate information or make or communicate decisions to such an extent that
the individual lacks the ability to satisfy essential requirements for physical
health, safety, or self-care, even with appropriate and reasonably available
technological assistance.” In other words, mentally incompetent. Fees are
paid from the "ward or subject's" finances. In this case Helen's
pension, paid for her conservator fees.
Hint: If your ancestor
fell under the protection of the Public Administrator, you may also want to
check "Small Estates as well as
Probate. Records."
Researching Within
Privacy
Beginning with the last known residence, a Nursing Home that
was identified on the death certificate, records were found from various
sources to illuminate the last part of
Helen's life story. The funeral
home, held additional information, and the Public Administrator's office held
additional information. An unpopular
record, Helen's employment pension, also held vital information to piece
together her years of confinement.
Other Places To
Research
- Be
sure to check for Sheriff and Public Administrator Record books of the
county.
- Some
earlier papers recorded Public Administrator involvement in the
newspapers. Here's an index of the 1883 Probates of the Public
Administrator of the City and
- Remember
these records may not be held with the other Probate and Estate records,
so don't forget to gently inquire.
Kathleen Brandt
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