Fill and Sign the Vt Guardian Form

STATE OF VERMONT PROBATE COURT DISTRICT OF ____________ In Re the Estate of: ) DOCKET No. __________ ) __________________ ) , Deceased ) ) ) LATE OF ) ) __________________ . ) ) ) GUARDIAN FOR ADULT ACCOUNT INSTRUCTION SHEET I, ___________________________ , guardian of the ward named above, (name of guardian) do submit and swear to the truth of the following account for the period of ________________________ to ________________________ . (date) (date) - 1 - I. ASSETS HELD AT COMMENCEMENT OF ACCOUNTING PERIOD i. Personal as of last account $ __________ (or as of inventory if this is first account) ii. Real estate as of last account $ __________ (or as of inventory if this is first account) _____________ Total assets at start of accounting period $ __________ II. INCOME RECIEVED i. Gain on personal property sold (list on schedule A) $ ____________ ii. Gain on real estate sold (list on schedule B) $ __________ iii. Newly discovered assets or property not included in prior inventory list (list on schedule C) $ __________ iv. Rents, interest and dividends list on schedule D) $ __________ v. Other income (Social Security, SSI, retirement benefits, government payments – list on schedule E) $ __________ vi. Assets acquired since last account (list on schedule F) $ __________ _____________ Total Income received $ __________ III. EXPENSES i. Expenses of property maintenance including taxes and insurance (List on schedule 1) __________ - 2 - ii. Loss on sale of personal property (List on Schedule 2) __________ Loss on sale of real estate iii. List on schedule 3) __________ iv. Debts which existed prior to appointment of guardian but which were paid during this accounting period (List on schedule 4) __________ v. Clothing Expenses (list on schedule 5) vi. Education Expense (list on schedule6) __________ vii. Room and Board Expense (list on schedule 7) __________ viii. Nursing, Medical, and Medication expense (list on schedule 8) __________ ix. Attorney or legal expense (list on schedule 9) __________ x. Paid probate fess (list on schedule 10) __________ xi. Services of guardian as previously allowed by the court; also, out-of-pocket expenses of the guardian as reimbursed during this accounting period (list on schedule 11) __________ xii. Other expenses (list on schedule 12) __________ ________________ Total Expenses $ __________ - 3 - IV. SUMMARY OF ACCOUNT Total Assets at Commencement of Account i. Income __________ ii. Expenses __________ _____________ Total Assets at end of Account Period $ __________ iii. Personal Property __________ iv. Real Estate __________ - 4 - The foregoing is a just and true account. _______________________________ (Guardian) Subscribed and sworn to this ____ day of __________, ____, before: _____________________________ Judge/Register/Notary Public MOTION TO ALLOW ACCOUNT I, Name of Guardian , guardian in the above entitled Guardianship, move the court to allow this account. I certify that I have mailed a copy of this account to the following interested persons. Interested Persons: Name Address City, ST Zip Name_____ Address City , State ZipCode Name_____ Address City , State ZipCode Name_____ Address City , State ZipCode Name_____ Address City , State ZipCode Dated at _______________ this Day day of Month , Year Signed__________________________ (Signature of guardian) - 5 - ORDER Examined on oath and allowed: Dated ______________ Signed ___________________________________________ Probate Judge GUARDIAN FOR ADULT ACCOUNT INSTRUCTION SHEET General Information . Accounts are required to be filed annually in the Probate Court. The purpose of the account is to advise the ward, the court, and other interested persons of the financial changes and transactions which the guardian has undertaken on behalf of the ward. An accurate and timely accounting protects the guardian as well as the ward. Generally you are required to account for all assets, which come under your control as guardian. Where an entry is made on the account you should attach a separate sheet of paper and label it as a schedule to the account (for example: "Schedule D, Rental Income"). If you have an item of expense or income, which does not fall into a category on the account form, simply enter it on a separate line and attach a schedule, which explains the entry. When in doubt, write it out. While the first account may be somewhat difficult, you will find that later accounts will be easier to assemble. Suggestions Concerning Guardianship Accounting . Your account is due for the period commencing one year after your appointment as guardian. You may request that the period of account be changed to be consistent with any other period, which may be helpful to you (such as a tax year or a social security account period). In order to avoid commingling of assets, and to make your assembly of the figures simpler, it is required that you maintain a separate guardianship account in which the income is deposited and through which expenses are paid. It is not necessary that you submit receipts or proof of payment with your account, although it is a good idea to keep them in case your account is questioned. Payments to Yourself . Except for the reimbursement of small and reasonable out-of-pocket expenses (such as stamps and gas expense) you should not pay yourself until your account has been allowed or until your proposed payment has been separately - 6 - approved. If you claim a fee for your services, an itemized description of the service and the method by which the fee was calculated should be submitted. The fee will be allowed or disallowed as part of the account, and, if allowed, you will be authorized to pay the fee. Notice of Account, Consent and Allowance . When your account is complete you should make a copy for yourself and for each other "interested person" in the guardianship. Usually this would be the ward, the spouse or parents of the ward, and any other relative who had appeared in the creation of the guardianship. If one of these parties is not interested in receiving the accounts, that person can file a waiver of the right to receive accounts. The account is filed with the court with a "Motion to Allow Account" and a list of the persons to whom you have sent the account. If service of the account cannot be made or is unduly burdensome, you should contact the court. Questions . If you have questions concerning the procedure surrounding the review of the account you may contact the staff at the probate court, or an attorney. LINE-BY-LINE INSTRUCTIONS I. Assets Held At Commencement . This is your starting point for the account you are filing. This figure should be the same figure as the ending balance on your last account or, if this is your first account, this figure should be the same as the total of your initial inventory. II. Income . A & B) Gain on Sale of Personal and Real Property . This requires an entry only if assets were sold during the account period. The entry would be the difference between the inventory and the net sale price. A schedule should be attached to describe the gross sale price, the expenses of sale, etc. (C) Newly Discovered Assets . This entry would include principal assets (not income), which were unknown at the time the inventory was filed. (E) Other Income . All income received during the account period which has not been listed above should be listed here. If income payments are received by you, that income should be reflected in - 7 - the account. If income is being received by a third party (for example a nursing home or community care home), you may report this fact on the separate schedule and list how much was received by them. III. Expenses . These items are self-explanatory for the most part. (9) Attorney or Legal Expense . By law, these expenses must be itemized. (11) Services of Guardian . The guardian is entitled to reasonable compensation for his or her services after they are allowed by the court-t This line is where you report the payment of guardian fees which have already been allowed by the court (possibly allowed on the last accounting or by separate court approval). You may also report those reasonable out-of-pocket expenses, which you Have expended and reimbursed to yourself. IV. Summary of Account . This section recaps the entries you have made. Essentially you are showing what you had, what you received, what you spent, and what you have left. Guardian's Bill For Services During This Period . If you wish to claim a fee for the current period, you should attach a separate sheet of paper as a schedule or bill to show how you calculated the bill. Factors which frequently apply to approval of such charges are: hours spent, results achieved, expertise of the guardian, prior relationship of the guardian and the ward, and lost income which may have been sacrificed by the guardian by reason of acting as the guardian. The law requires that fees be reasonable and itemized. A copy of your bill should be sent with your account to the Court and to other interested persons who have appeared in the case. Rev. 12/31/00 - 8 -