The protected. packet does. NOTE: This. more information. write clearly. Monthly Budget. Blocked Account. monthly total from.

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Chester Fields
5 years ago
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Many family law matters involve complex and valuable legal rights which cannot adequately be protected without the assistance of an attorney.

For moree information onn the law, these forms, and free classes, visit www.familylawselfhelpcenter..org or the Family Law Self Help Center at 601 N. Pecos Road.

1 Many family law matters involve complex and valuable legal rights which cannot adequately be protected without the assistance of an attorney. The information provided is basic, general information that does not fit all situations. It is the duty of each self- represented individual to know what rules of court and law apply. For moree information onn the law, these forms, and free classes, visit or the Family Law Self Help Center at 601 N. Pecos Road. This Packet is For: Guardians over the estatee or person/estate; AND The protected person s funds were placed into a blocked account (check the Order Appointing Guardian if you are unsure about this); AND The guardian needs permission to access the blocked account to pay the protected person s regular monthly expenses. NOTE: This packet does not apply to request funds to pay for one-time or rare expenses. There is a separate packet available at the Self Help Center for those kinds of requests. The Protected Person, their Attorney, and the Relatives Have to Be Notified: After you file the papers, you will have to send a copy to the protected person, their attorney, and the same relatives who were served with the original guardianship papers. See Step 3 for more information. All Self Help forms are in a checkbox/fill in the blank format. Use black ink and write clearly. Fill out the following: Monthly Budget This forms details the protected person s income and expenses every month. Petition to Approve Monthly Budget and Order Monthly Release of Funds from Blocked Account This form asks for a total amount of funds to be accessed every month from a specific account to pay the protected person ss monthly expenses. The guardian must request a monthly total amount to be released and identify the account that the funds should come from. Notice of Hearing This form sets a court date for your request. Leave the hearing date lines on the first page blank. The Clerk of Court will fill in a hearing date when you file the petition. In person: Bring the documents to the courthouse. You u will file them with the Clerk of Court. All documents are electronically filed and will bee ed to you after processing. You must provide a valid address when filing. Online: You can upload your documents at da.tylerhost.net/ofsweb/. You must register for an account, provide an address,, and you must be able to scan and upload your documents. There is a $ 3.50 fee to e-file your documents.

2 Make Copies: Make copies of the petition and the notice of hearing. Make enough copies to serve on everyone listed below. Mail the Budget, Petition, and Notice of Hearing to all necessary people: WARNING!! If you do not mail your documents to all of the required people, your case may be delayed. What to Serve: A copy of the filed Budget, Petition and Notice of Hearing. Who to Serve: The protected person; The protected person s attorney; All of the relatives who are entitled to notice of the guardianship proceedings (usually the same people who were served with the original guardianship papers). How To Serve: The documents must be sent by regular mail. This form tells the Court when, where, and to whom you mailed the documents. Fill out the Certificate of Mailing and file it after mailing the papers to all of the required people. WARNING!! If you do not do this, the judge may cancel your hearing. Before the Hearing: Make sure you have filed the Certificate of Mailing showing who was served with your petition and when. Arrive at least 20 minutes early to allow enough time to park, get through security, and find the courtroom. The protected person, their attorney, and any relatives can attend the hearing. They will be able to object to what you are asking for if they wish. After the Hearing: Prepare and Submit the Order: The judge may tell you to prepare a written order from the hearing. If so, this packet includes the order the judge will require. Fill out the order (except for the judge s signature) and submit it to the judge for approval. You may want to bring the order with you to your hearing in case the judge is willing to sign it right away. Complete and File the Notice of Entry of Order: You must mail a copy of the signed order to all of the same people who were served with your petition. Attach a copy of the signed order to the Notice of Entry of Order and include the names and addresses of all of the same people you served with your petition. File the Notice of Entry of Order at the court, and mail a copy of it to all of the required people. Provide the Order to the Financial Institution: Provide a copy of the order to the financial institution that is to release the monthly funds so they can make arrangements for the monthly payments.

3 BUDG Your Name: Address: City, State, Zip: Phone: Self-Represented DISTRICT COURT CLARK COUNTY, NEVADA In the Matter of the Guardianship of the: of: Estate Person and Estate CASE NO.: DEPT: (name of person who needs a guardian) A Proposed Protected Person. MONTHLY BUDGET The Proposed Guardian(s) submit the following monthly budget for the proposed protected person. Protected Person s Monthly Income (write 0 for any income the person does not have) Wages from Employment (before taxes) $ Unemployment Benefits $ Social Security $ Veteran s Affairs $ Retirement / Pension $ Interest / Dividends $ Rental Income $ Mandatory Trust Distributions $ Discretionary Trust Distributions $ Other: $ TOTAL MONTHLY INCOME $ 2017 Family Law Self-Help Center Monthly Budget Page 1 of 4

4 Housing Monthly Expenses (write 0 for any expense the person does not have) Rent / Mortgage $ Facility (room and board, patient liability) $ Homeowner s/rental Insurance $ Property Taxes $ Home Maintenance (yard, pool, housecleaning, etc.) $ HOA Dues $ Utilities (electricity, gas, phone, sewer/water, other utilities) $ Transportation Is the Protected Person Able to Drive? Yes No If no, who is the primary driver? Car Payment $ Insurance $ Gas $ Maintenance $ Public Transportation $ Groceries $ Dining Out $ Personal Hygiene (toiletries, haircuts, etc.) $ Household Supplies $ Medical Expenses (including health insurance) $ Dental Expenses $ Caregiving Services $ Travel / Entertainment $ Gifts $ Charitable Giving $ Taxes $ Accountant Fees $ Child Support / Alimony paid $ 2017 Family Law Self-Help Center Monthly Budget Page 2 of 4

5 *Guardian / Attorney Fees (see worksheet below) $ Other: $ TOTAL MONTHLY EXPENSES $ Projected Monthly Guardianship Fees Hourly Rate Estimated Hours Per Month Monthly Expense Guardian s Fees: $ X = $ Attorney s Fees $ X = $ TOTAL MONTHLY GUARDIANSHIP EXPENSES $ TOTALS TOTAL MONTHLY INCOME $ TOTAL MONTHLY EXPENSES - $ DIFFERENCE (income expenses) = $ * *If this is a positive (+) number, sign and date page 4.* *If this is a negative (-) number, complete all of the following sections.* 1. If the monthly income is not enough to cover the monthly expenses, explain how long the shortfall can be maintained in relation to the protected person s life expectancy: 2017 Family Law Self-Help Center Monthly Budget Page 3 of 4

6 2. Will assets need to be sold or liquidated to pay the proposed protected person s monthly expenses? Yes No (if no, skip to the bottom for the date and signature) If yes, list the assets that may need to be sold or liquidated to pay the monthly expenses: (COURT APPROVAL IS NEEDED TO SELL OR LIQUIDATE ANY ASSETS): Asset Description $ $ $ $ TOTAL VALUE $ Value 3. If these assets are sold / liquidated, how long will they cover the monthly budget expenses? (number) Years Months 4. Is the proposed protected person expected to live longer than it will take for the assets to be used up? Yes No The foregoing monthly budget represents a true and accurate representation of the proposed protected person s ongoing monthly sources of income and monthly expenses. DATED (month) (day), 20. (First Proposed Guardian s Signature) (Second Proposed Guardian s Signature) (Printed Name) (Printed Name) 2017 Family Law Self-Help Center Monthly Budget Page 4 of 4

7 PET Your Name: Address: City, State, Zip: Phone: Self-Represented DISTRICT COURT CLARK COUNTY, NEVADA In the Matter of the Guardianship of the: Estate Person and Estate of: (name of person who has a guardian) A Protected Person. CASE NO.: DEPT: PETITION TO APPROVE MONTHLY BUDGET AND ORDER MONTHLY RELEASE OF FUNDS FROM BLOCKED ACCOUNT Guardian(s) (name of first guardian) _ and (name of second guardian or n/a ) respectfully represent to the Court as follows: 1. This Court appointed Petitioner(s) as Guardian(s) of the above named protected person(s) and issued Letters of Guardianship, which are still in full effect. 2. The Guardian(s) filed an Inventory, Appraisal, and Record of Value on (month) (day), 20. The total value of the estate as determined by the Inventory is (estate value) $. 3. The Guardian(s) filed a Monthly Budget on (month) (day), 20. The protected person s monthly expenses according to the Budget is (monthly expenses) $ Family Court Self-Help Center Petition to Approve Budget/Release Funds Page 1 of 3

8 4. The Guardian is obligated to apply the estate of the protected person for the proper care and maintenance of the protected person. The Court ordered the protected person s accounts to be blocked, therefore, the Guardian(s) cannot access the protected person s funds to pay the monthly expenses. 5. Guardian(s) request the Court authorize a monthly release of funds to pay the protected person s monthly expenses. Funds are requested from (name of financial institution where the blocked account is held) from Blocked Account No. (last 4 digits of account number). The current balance in the account is (current balance) $. 6. Guardian(s) request (monthly amount) $ per month from this account to pay the protected person s monthly expenses. Funds should be made payable to (name) and should be released on the (day) of every month. Based on the above, Guardian(s) request this Court approve the monthly budget and authorize the monthly release of funds from the blocked account described above so that Guardian(s) may provide for the proper care and maintenance of the protected person. Date: _ Date: _ (First Guardian s signature) (First Guardian s printed name) (Second Guardian s signature) (Second Guardian s printed name) 2017 Family Court Self-Help Center Petition to Approve Budget/Release Funds Page 2 of 3

9 VERIFICATION OF FIRST GUARDIAN I, (name of first guardian) declare that I am the petitioner in the within action; that I have read the foregoing Petition to Approve Budget and Order Monthly Release of Funds From Blocked Account and know the contents thereof; that the same is true of my knowledge except as to those matters therein stated upon information and belief and as to those matters, I believe them to be true. I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct. FIRST GUARDIAN VERIFICATION OF SECOND GUARDIAN I, (name of second guardian) declare that I am the petitioner in the within action; that I have read the foregoing Petition to Approve Budget and Order Monthly Release of Funds From Blocked Account and know the contents thereof; that the same is true of my knowledge except as to those matters therein stated upon information and belief and as to those matters, I believe them to be true. I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct. SECOND GUARDIAN 2017 Family Court Self-Help Center Petition to Approve Budget/Release Funds Page 3 of 3

10 NOH Your Name: Address: City, State, Zip: Phone: Self-Represented DISTRICT COURT CLARK COUNTY, NEVADA In the Matter of the Guardianship of the: Estate Person and Estate of: CASE NO.: DEPT: (name of person who has a guardian) A Protected Person. NOTICE OF HEARING PLEASE TAKE NOTICE that (guardian s name) _ and (second guardian s name or n/a ), as Guardian(s) of the above-named protected person, filed in the above-entitled Court a Petition to Approve Budget and Order Monthly Release of Funds from Blocked Account; that a hearing on these matters has been set for the day of, 20, at a.m. / p.m., in Courtroom located at: The Family Courts and Services Center, 601 N. Pecos Road Las Vegas, Nevada The Regional Justice Center, 200 Lewis Avenue Las Vegas, Nevada Further details concerning these matters can be obtained by reviewing the documents on file at the office of the Clerk of Court. You may appear at the hearing date above. DATED this (day) day of (month), 20. (your signature) (print your name) _ 2017 Family Court Self-Help Center Notice of Hearing (Budget)

11 CERT Your Name: Address: City, State, Zip: Phone: Self-Represented DISTRICT COURT CLARK COUNTY, NEVADA In the Matter of the Guardianship of the: Estate Person and Estate of: (name of person who has a guardian) A Protected Person. CASE NO.: DEPT: CERTIFICATE OF MAILING (BUDGET) I HEREBY CERTIFY that I served the ( check all that apply) Petition to Approve Monthly Budget and Order Release of Funds from Blocked Account Monthly Budget Notice of Hearing Other: on (month you mailed the forms) (day), 20, by depositing a copy of the same in the U.S. Mail, postage prepaid, ( check one) Regular, Certified or Registered, return receipt requested, addressed to: Protected Person: Name: Protected Person s Attorney: Name: 2017 Family Court Self-Help Center Certificate of Mailing (Budget) Page 1 of 2

12 Relatives / Required Notices: Name: Name: Name: Name: Name: Name: Name: Name: Name: Name: DATED (month) (day), 20. (Signature) (Printed Name) 2017 Family Court Self-Help Center Certificate of Mailing (Budget) Page 2 of 2

13 ORDG Your Name: Address: City, State, Zip: Phone: Self-Represented DISTRICT COURT CLARK COUNTY, NEVADA In the Matter of the Guardianship of: (name of person who has a guardian) A Protected Person. CASE NO.: DEPT: ORDER GRANTING PETITION TO APPROVE BUDGET AND ORDER MONTHLY RELEASE OF FUNDS FROM BLOCKED ACCOUNT TEMPORARY GUARDIANSHIP GENERAL GUARDIANSHIP Person Person Estate Estate Summary Admin. Person and Estate Person and Estate SPECIAL GUARDIANSHIP NOTICES/SAFEGUARDS Person Blocked Account Required Estate Summary Admin. Bond Required Person and Estate It appearing to the satisfaction of the Court that a Notice of Hearing Regarding Petition to Approve Monthly Budget and Order Monthly Release of Funds From Blocked Account was issued setting the matter on the court calendar for hearing, and it appearing this matter having been heard by this Court on the date and time listed, and it appearing to the satisfaction of the Court that proper notice of hearing of this matter has been duly given in the manner required by law, that all allegations contained in the petition are true and correct, and good cause appearing therefore: 2017 Family Court Self-Help Center Order (Budget/Release of Funds) Page 1

14 IT IS HEREBY ORDERED that the Petition to Approve Monthly Budget and Order Monthly Release of Funds From Blocked Account is granted; IT IS HEREBY ORDERED that (name of financial institution where the blocked account is held) shall release funds on a monthly basis in the amount of $ per month from Blocked Account No. (last 4 digits of account number) payable to. Said release of funds shall occur on the (date) of each month until further order of this Court or the guardianship terminates. IT IS HEREBY ORDERED that the guardian may open an unblocked account for the purpose of receiving funds from the blocked account in order to pay budget expenses on behalf of the protected person. Dated this day of, 20. Submitted by: DISTRICT COURT JUDGE (Signature) (Printed Name) 2017 Family Court Self-Help Center Order (Budget/Release of Funds) Page 2

15 NEO Your Name: Address: City, State, Zip: Phone: Self-Represented DISTRICT COURT CLARK COUNTY, NEVADA In the Matter of the Guardianship of the: Estate Person and Estate of: (name of person who has a guardian) A Protected Person. CASE NO.: DEPT: NOTICE OF ENTRY OF ORDER GRANTING PETITION TO APPROVE BUDGET AND ORDER MONTHLY RELEASE OF FUNDS FROM BLOCKED ACCOUNT TO: The persons listed on the following page: PLEASE TAKE NOTICE than an ORDER was entered in the above-entitled case on (date Order was filed), 20. A true and accurate copy is attached. DATED (month) (day), 20. (Signature) (Printed Name) 2017 Family Law Self-Help Center Notice of Entry of Order (Budget) 1

16 CERTIFICATE OF MAILING I certify that I deposited copies of the Notice of Entry of Order in the U.S. mail in Las Vegas, Nevada, addressed to the persons listed below on (month you mailed the forms) (day), 20. Protected Person: Name: Protected Person s Attorney: Name: Relatives / Required Notices: Name: Name: Name: Name: Name: Name: Name: Name: Name: Name: (Signature) (Printed Name) Page 2 of 2 Notice of Entry of Order

DATE OF APPOINTMENT (MM/DD/YYYY) INVENTORY VALUES AS OF DATE (MM/DD/YYYY) FILING DUE DATE (MM/DD/YYYY)

DATE OF APPOINTMENT (MM/DD/YYYY) INVENTORY VALUES AS OF DATE (MM/DD/YYYY) FILING DUE DATE (MM/DD/YYYY) District Court Denver Probate Court County, Colorado Court Address: In the Interest of: Protected Person Attorney or Party Without Attorney (Name and Address): Case Number: COURT USE ONLY Phone Number: