A20:       Every year no later than 30 days after the anniversary of receiving Letters of guardianship or conservatorship, a guardian must complete and submit a report and accounting on forms ordered and by the appointing court.  The court will provide the guardian with the forms at the time of appointment and will send reminder 45 days before the report’s due date.  It is important for the guardian to keep a current mailing address with the county court in which the guardianship is filed. 

A21:       Required annual reporting forms are bundled into packets specific to the type of guardianship or conservatorship, and whether the protected person is for an adult or a minor:

1. Guardian with control of the ward's assets – use Packet A for adult wards; Packet MA for minors.
2. Guardian with a Court-Approved Budget – use Packet B  for adult wards; Packet MB for minors.
3. Conservator – use Packet C for both adults and minors.
4. Both guardian and conservator – use Packet D for adult wards; Packet MD for minors.
5. Guardian without control of the ward's assets – use Packet E for adult wards; Packet ME for minors.

The packets are intended to simplify the reporting process for guardians and conservators, and to provide the Court with the required information.  

A22:       Your responsibilities as guardian and/or conservator are specified on your Letters of Appointment.  Additional information regarding your financial responsibilities may be outlined on subsequent orders from the Court.  You can file a Petition for Instructions and/or Direction to obtain further clarification of your responsibilities.

A23:       If additional assets worth more than $500 are received during the year, you must file a Notice of Newly Discovered Assets form within 30 days.

A24:       If you fail to file any of the required reports on time, you will receive an Order to Show Cause.  This order will be require you to appear in court to explain why the report was not filed.

A25:       If you know that you will not get your annual reports in on time, let the Court know in writing.   Include the following information: 

• The name of your ward;
• The case number;
• Why you cannot get the reports in on time;
• When you will have the reports filed; and
• You name, address and phone number.

A26:       Yes. However, the annual reporting forms can be completed online and information saved to simplify the process next year. 

Some of the annual reporting requirements may be waived for good cause shown if the guardian petitions the Court.  The procedure for requesting a waiver is found in UCCR § 6-1445.01.

Q27:   If I am appointed solely as a guardian (with no mention of being appointed a conservator), with possession or control over some or all of my ward’s financial transactions, property, or assets, do I still need to file an Updated Annual Inventory and Accounting every year?

A27:       Yes.  Guardians are required to complete an Updated Inventory and Accounting every year. If you have control over all of your ward’s financial transactions, property, or assets, you must file a complete Updated Inventory and Accounting each year.  If you only have control over some of your ward’s financial transactions, property, or assets, then you need to file an Updated Inventory and Accounting of the ward’s financial transactions, property, or assets over which you do have control.

Remember to refer to your Order of Appointment to see what the Court has specified as your responsibilities to your ward and for reporting.

A28:       Guardians who do not have control of the ward's estate are not required to file with the Court an updated inventory, annual accounting, bank statements, brokerage statements, Office of Public Guardian individual ledgers, or any certificates of possession, but must file a certificate of mailing showing that copies of the guardian's annual report and a notice of right to object form were sent to all interested persons by first-class mail postage prepaid every year unless waived by the court for good cause shown. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2).

Refer to your Order of Appointment to see what the court has specified as your responsibilities to your ward and for reporting. 

A29:       A guardian or conservator may request the court allow them to file a Court-Approved Budget each year that summarizes the expenses expected for the coming year.  Individuals under such court approval must use Packet B.  The budget can allow for payments such as rent, room, board, and fees at the end of the annual reporting period, and the Court can authorize a variance of up to 10 percent over the original budgeted amounts approved in the order. The guardian must file a report summarizing the payments made, including any beyond the estimate, a copy of the last bank statement, and an inventory at the end of the year, as well as request a budget for the next year.  The budget might not require the same level of detail that the Annual Accounting has and may help streamline the process, especially for wards who do not have significant assets.

A30:    No, the budget reports take the place of Annual Accounting, unless otherwise ordered by the Court. 

A31:        The Court can authorize a budget at a hearing after providing notice to all interested parties.  If there has been a waiver of notice of hearing signed by all interested parties, the Court may enter the order without a hearing.