Can a fiduciary borrow against the assets of a conservatorship to cover their fees?

The correct answer indicates that a fiduciary cannot randomly borrow against the assets of a conservatorship to cover their fees without specific justification. A fiduciary has a duty to act in the best interest of the conservatorship and its beneficiaries. While there may be scenarios where borrowing against assets could be permissible, it is not a blanket allowance without regulation.

In practice, if a fiduciary needs to cover fees and considers borrowing against the conservatorship's assets, they must typically seek court approval. This is to ensure transparency and protect the interests of the conservatee. The court evaluates whether the proposed borrowing is justifiable and in alignment with the responsibilities the fiduciary holds.

Overall, the importance of requiring court approval reinforces the fiduciary's accountability and upholds the legal framework surrounding conservatorships, helping to safeguard the assets from potential misuse.