Boutin Jones, Inc. #ClaudeAmerica Three parts: 1. Opening the - - PowerPoint PPT Presentation

Donna L. Courville Attorney Boutin Jones, Inc.

#ClaudeAmerica

Three parts: 1. Opening the Guardianship 2. Administration of the Guardianship 3. Closing the Guardianship

• Where?

– Your county, your county clerk, your judge – Constitutional County Court has original probate jurisdiction

• Who is on the team?

– County Clerk Judge – Attorney for Applicant Applicant – Attorney Ad Litem (AAL) Proposed Ward (PW) – Others?

Types of Guardianships: 1. Guardianship of the Person (GP) 2. Guardianship of the Estate (GE) 3. Guardianship of the Person & Estate (GPE)

Kinds of Guardianships: 1. Minor 2. Disabled minor becoming an adult 3. Incapacitated adult

Timeline (in 3 parts):

Application Filed (w/Dr.’s Letter) AAL appointed PW served Answer filed Hearing PW present Testimony Burden of proof met? Order signed GPE appointed Oath & Bond Monthly Allow. AAL paid & discharged

 Did they meet the 20 day deadline?

• Oath and Bond filed within 20 days of Order =

Qualification

• Letter

ters of Guardians ardianshi hip can only be issued with BOTH are in place (Oath & Bond – when the guardian “qualifies”)

• LETTERS OF GUARDIANSHIP EXPIRE – WHEN?

 12 MONTHS + 60 DAYS after qualification/date

• f issuance

 GP Duties

• Physical care and custody of the Ward
• ANNUAL REPORT: must be filed each year to renew

letters of guardianship

 Handout a GP “List of Duties”  Go over duties with Attorney for Applicant

and Applicant (provide sample form report)

 Bond to protect and with common sense

 GE Duties

• Protect and prudently manage the Ward’s assets
• ANNUAL ACCOUNT: must be filed each year to

renew letters of guardianship

 Handout a GE “List of Duties”  Go over duties with Attorney for Applicant

and Applicant (provide sample form account)

 Bond to protect and with Safek

ekeeping eeping Agr grmts ts

Types of Bonds: 1. Corporate Surety Bond (Insurance Co.) 2. Cash Bond (deposit with County Clerk) 3. Personal Surety Bond (2 people, use as last choice)

Protect the Ward, the Judge, the County Bond = (Assets – Real Estate + Income for

1 Yr)

 FIRST 30 DAYS – WHAT IS DUE?

The Inventory, ventory, Ap Appraisemen praisement & L List t of Claims ms

• Most Important – don’t let this slide!
• Call or send out notice if LATE
• Encourage filing what they know ASAP
• Amend the Inventory later as more assets are

discovered

• Be sure Bond is adequate and Safekeeping

Agreements are in place

 Some of the Other 30 Day Items:

• Notice to Creditors
• Applying for Monthly Allowance (if not initially

requested)

 Annual Report by GP:

• Minors: appropriate housing, school, activities,

health care

• Disabled adults: appropriate housing, access to

federal and state benefits, school, activities, health care

• Elderly adults: appropriate housing, access to

federal and state benefits, activities, health care

• Declining, Improving, Same?

 Annual Account by GE:

• Beginning balances should match Inventory
• Account for all monies spent (list of disbursements)

– should be aligned with monthly allowance

• Expenditures outside monthly allowance should

have pri rior

• r Court Approval or be ratifi

tified ed now

• Ending balances should match “Verification of

Funds on Deposit” signed by third party officer

 Annual Account Continued:

• Ending balance and asset values (mini-Inventory)

should support Bond Amount; if not, incre/decre

• Increase/Decrease Monthly Allowance
• Calculate and award GE and/or GP compensation
• Order

der approving should also include instruction to Coun unty ty Cler lerk to renew Letters of Guardianship

• Payment of Attorneys Fees must be court approved

by Motion & Order

 Annual Supervision Required for the LIFE of

the Guardianship

• Create a system of reminders
• Track each guardianship; Bonds

ds must t be current! rrent!

• Call, send letters, and issue Show Cause Orders as

needed

• County Clerk and Judge – your responsibility is to

protect the most vulnerable

Three Most Common Reasons to Close a Guardianship 1. Minor reaches age of majority = 18 2. Death of Ward 3. Restoration of Ward (i.e. incapacity removed, health restored)

 Notification Issued By Court: Tracking Shows

Ward has reached age ge 18 – send out Notice prior to the date and request Final Report and Final Account

 County Clerk/Judge receive notice by the

Filing of a Final Report and Final Account of the Death ath of a Wa Ward

 Guardian or Ward file application for

Restorati

• ration
• n of Wa

Ward

3 Steps to Close (AA AAL ma may be e appo pointed inted): 1. File Final Report and Final Account

• Order Approving & Instruct Who Receives Assets

2. File Application to Close, Release Bond and Discharge Guardian

• Receipts attached showing assets distributed
• Final payment of authorized expenses, fees, etc.

3. Order Releasing Bond & Discharging Guardian

 Minor reaching age 18

• Final Report
• rt – same info; concluding with birthday
• Option to extend to age 25 (Management Trust)
• Order Approving the Final

nal Ac Accoun

• unt includes

instruction to Guardian or to Coun unty ty Cler lerk k (if in the registry of the Court) to turn assets over to new adult (age 18)

• Release Safekeeping Agreements
• Release Bond

 Death of Ward

• Final Report
• rt – same info; concluding with death
• Order Approving the Final

nal Ac Accoun

• unt includes

instruction to Guardian or to Coun unty ty Cler lerk k (if in the registry of the Court) to turn assets over to personal rep of estate or heirs legally entitled to estate

• Release Safekeeping Agreements
• Release Bond

 Restoration of Ward

• Final Report
• rt – may not be necessary as the Hearing

to restore will Order the Final Account, but unlikely to need any final report on the person

• Order Approving the Final

nal Ac Accoun

• unt includes

instruction to Guardian or to Coun unty ty Cler lerk k (if in the registry of the Court) to turn assets over to Restored Ward

• Release Safekeeping Agreements & Release Bond

 Certified Court Order Needed – Where?  Order Approving Final Account – includes

language to release Safekeeping Agreements

• Banks need a Certified Order to release funds

 Order Closing the Guardianship, Releasing

the Bond and Discharging the Guardian

• Insur

urance ance Company mpany needs a Certified Order to release the bond

 Beginning = Opening  Middle = Administration  End = Closing  Guardi

ardianship anship Requires uires: : Collaborati aboration

• n,

, Organ ganiz izati ation,

• n, Check

eck Lists ts and d Comm mmon n Se Sense nse

 No member of the team can drop the ball  Communication and follow-up is critical

throughout the process

Donna nna L. Courvil rville le At Attorney rney Bo Boutin in Jones es, , Inc.

555 Capitol Mall, Suite 1500 Sacramento, CA 95814 Tel / 916.321.4444 Direct / 916.231.4084 Fax / 916.441.7597 dcourville@boutinjones.com www.boutinjones.com