Rule 68 - Conservator; Bank and Other Accounts(a)Notification of Financial Institutions. A conservator shall notify all banks and financial institutions in which the respondent maintained either professional or trustee accounts of the appointment of a conservator under these rules. Service on a bank or financial institution of a copy of the order of appointment of the conservator shall operate as a modification of any agreement of deposit among such bank or financial institution, the respondent and any other party to the account so as to make the conservator a necessary signatory on any professional or trustee account maintained by the respondent with such bank or financial institution. The appointing court on application may order that the conservator be sole signatory on any such account to the extent necessary for the purposes of these rules and may direct the disposition and distribution of client and other funds following a determination that the clients or third parties are entitled to the funds.(b)Client Funds. The conservator shall return all client funds in the custody of the respondent to the clients as soon as possible, allowing for deduction of expenses or other proper charges owed by the clients to the respondent.(c)Sufficient Funds. Whenever it appears that sufficient funds are in the possession of the conservatorship to permit the return of all client funds in the custody of the respondent, and otherwise to complete the conservatorship and pay its expenses authorized under these rules, the conservator shall permit the respondent or the respondent's estate to take full possession of any remaining funds in the respondent's personal or operating accounts. After reimbursement to the conservator of costs and expenses, any remaining funds or monies being held in respondent's trust account shall be directed and distributed by order of the appointing judge to the Client Protection Fund.(d)Assessment of Costs.1. The appointing judge shall award the conservator the costs and expenses of the conservatorship proceeding, including all costs resulting from the duties imposed by Rule 68.2. The necessary expenses and any compensation of a conservator shall, if possible, be paid by the respondent or the respondent's estate.3. Upon application for reinstatement or readmission by the respondent, the costs and expenses shall be reimbursed. If the conservator is the state bar, the respondent must pay costs and expenses prior to applying for reinstatement or readmission.Added June 9, 2003, effective 12/1/2003. Amended Sept. 18, 2006, effective 1/1/2007; 6/30/2010, effective 1/1/2011; 12/16/2015, effective 1/1/2016.NOTES TO 2003 AMENDMENTS
The amendment restates language found in former Rule 67 and makes no substantive changes.
HISTORICAL NOTES
Source:
Pennsylvania R.D.E. 324, 328(c).
Former Rule 67.
Former Rule 68 was abrogated by order dated June 9, 2003, effective Dec. 1, 2003.