IN THE FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF ELKO

Transcription

1 Case No. Dept. No. IN THE FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF ELKO In the Matter of the Guardianship of: 0,,, GUARDIAN S ACKNOWLEDGMENT OF DUTIES AND RESPONSIBILITIES UNDER NRS A Minor An Adult TEMPORARY GUARDIANSHIP GENERAL GUARDIANSHIP Person Person Estate Estate Person and Estate Person and Estate 0 SPECIAL GUARDIANSHIP NOTICES/SAFEGUARDS Person Blocked Account Required Estate Bond Required Person and Estate Summary Administration I, (your name), Guardian, hereby declare that I understand there are certain duties and responsibilities required of me in the administration of the above guardianship. By initialing each item below, I understand my guardianship duties and

2 responsibilities include but are not limited to the following: (You must read and initial all items on this form to acknowledge that you understand your duties and responsibilities): I. Required duties and functions [ALL GUARDIANS] Filing an Order Appointing Guardian within ten (0) days of the undersigned s appointment as guardian; Filing a Notice of Entry of Order Appointing Guardian within two () days of the filing of the Order Appointing Guardian; Filing of General Letters of Guardianship within fourteen () days of the filing of the Order Appointing Guardian; Seeking the advice and assistance of an attorney if the Guardian needs legal advice or does not understand his/her duties and responsibilities to ensure he/she remains in full compliance with the laws of the State of Nevada; [NRS.0] 0 Filing a petition, setting a hearing and noticing all persons entitled to notice if the qualifications of the Guardian change after appointment as Guardian, i.e., a hearing must be held if: The Guardian plans to move or has moved out of state; [NRS.0()] The Guardian is judicially determined to have committed abuse, neglect or exploitation of a child, spouse, parent, or other person; [NRS.0()] The Guardian is convicted of a felony; [NRS.0(I); NRS.0()] The Guardian is suspended for misconduct or disbarred from the practice of law, the practice of accounting, or any other profession which involves the management or sale of money, investments, securities or real property, and requires licensure in Nevada or any other state; [NRS.0()] The Guardian is in the process of filing for bankruptcy, or has filed for bankruptcy; [NRS.0(t)] 0 Guardian must notify the Court, and certain other persons, within thirty (0) days of the death of a Ward; [NRS.0(c)()(v)] Guardian is required to respond to the inquiries of a duly appointed Guardianship Compliance Administrator; [NRS.0]

3 II. Duties of the Guardian of the Person [REQUIRED FOR GUARDIAN(S) OF THE PERSON ONLY OR OF THE PERSON AND ESTATE] Guardian is required to file an annual Report of the Guardian every year to bring the Court up to date on the health and well-being of the Ward. The Report must be filed within one () year and sixty (0) days of the anniversary of the Guardian s appointment as guardian of the person of the Ward; [NRS.0] Guardian shall supply the Ward with proper care, including food, shelter, clothing, and necessities; maintenance; support; and education, including training for a profession if applicable; [NRS.0()(a)] Guardian shall supply the Ward with surgical, dental, psychiatric, psychological, hygienic, or other care and treatment as needed; [NRS.0()(b)] Guardian shall not consent to the experimental medical, biomedical, or behavioral treatment of the Ward; the sterilization of the Ward; or the participation of the Ward in any biomedical or behavioral experiment; [NRS.00()] Should the Guardian believe such treatment is of direct benefit to the Ward, and intended to preserve the life of or prevent serious impairment to the Ward the Guardian shall petition the Court to authorize such treatment as is required. 0 Guardian shall obtain Court authority prior to authorizing the placement of a Ward in a secured residential long-term care facility; [NRS.0()] Guardian shall petition the Court to obtain authority prior to removing the Ward from the State of Nevada; [NRS.0()] Guardian shall petition the Court to obtain authority prior to authorizing the change of state of residence of or domicile of the Ward; [NRS.0()] II. Duties of the Guardian of the Estate [REQUIRED FOR GUARDIAN(S) OF THE ESTATE ONLY OR OF THE PERSON AND ESTATE] Guardian shall place assets into a blocked account, if required by the Court Order Granting Guardianship, and obtain and file proof of the blocked account; [NRS.0()] 0 Guardian shall obtain a bond, if required by the Court Order Granting Guardianship, and obtain and file notice of bond; [NRS.0] Guardian is required to file an inventory and appraisement setting forth the description and valuation of the income and assets that comprise the Ward s estate within sixty (0) days of the undersigned s appointment as Guardian of the estate of the Ward; [NRS.0()]

4 Requirements of the Inventory and Appraisal: The appraisal or valuation must be done by a disinterested appraiser, certified public accountant, or expert in valuation, unless the value of an asset can be determined with reasonable certainty; [NRS.0()] Guardian may be able to file a verified record of value; [NRS.0()(a)] Guardian may use a statement of the assessed value of real property as determined by the County assessor for purposes, except that if the real property is to be sold, the Guardian must file an appraisal; [NRS.0()(b)] Guardian must file an inventory unless the requirement of an inventory was specifically waived in the Court Order Appointing the Guardian. This requirement endures even if the Ward has no assets. The inventory must be a separate pleading filed after the grant of guardianship. 0 Guardian is required to file an Accounting every year within one () year and sixty (0) days of the anniversary of the undersigned s appointment as Guardian of the estate of the Ward. Guardian shall contact the Court to set the Accounting on the Court s calendar for hearing and approval. [NRS.()] Requirements of the Accounting: The Accounting shall set forth: The amounts received on behalf of the Ward; [NRS.()(b)] The amounts disbursed on behalf of the Ward; [NRS.()(b)] The balance of the Ward s estate which the Guardian continues to hold. 0 Guardian shall keep precise and accurate records of all funds received and disbursed for the Ward s benefit, along with the source of all receipts and the purpose of all disbursements. The undersigned understands that this includes, but is not limited to balancing estate checkbooks and insuring that all records are clear, legible, and balance with the figures referenced in all bank accounts; Guardian shall protect, preserve, and manage the Ward s estate according to the laws and in the best interest of the Ward; Guardian shall secure originals, when available, or copies of the following documents: Any contract executed by the Ward; Any power of Attorney for the Ward; Any estate planning documents;

5 Any revocable or irrevocable trust in which the Ward has a vested interest as a beneficiary; Any writing depicting a present or future interest in any real or intangible property. IV. Investing and Managing Ward s Estate [GUARDIAN OF ESTATE OR OF PERSON AND ESTATE] When establishing bank accounts or holding property on behalf of the Ward, title designations shall read: Name of Guardian(s) as Guardian(s) of the estate of name of the Ward. [NRS.0] Guardian may not utilize any guardianship funds for his/her personal benefit or commingle guardianship funds with his/her own funds; Guardian shall not place the guardianship funds in joint tenancy; 0 Guardian may, without prior approval of the Court, invest the Ward s funds in an FDIC or FSLIC insured savings account in any bank, credit union, or savings and loan institution in the State of Nevada; interest bearing obligations of or fully guaranteed by the United States, or the United States Postal Service; or interest bearing general obligations of any county, city, or school district in Nevada, the State of Nevada, or Federal National Mortgage Association; or any money market mutual funds which are invested only in those instruments described in this paragraph. [NRS.()] Guardian is required to petition the Court prior to taking any of the following actions: Invest the property of the ward pursuant to NRS.. Continue the business of the ward pursuant to NRS.. Borrow money for the ward pursuant to NRS.. Except as otherwise provided in NRS.0, enter into contracts for the Ward or complete the performance of contracts of the ward pursuant to NRS.. 0 Make gifts from the ward s estate or make expenditures for the ward s relatives pursuant to NRS.. Sell, lease or place in trust any property of the ward pursuant to NRS.. Exchange or partition the ward s property pursuant to NRS.. Release the power of the ward as trustee, personal representative or custodian for a minor or guardian. Exercise or release the power of the ward as a donee of a power of appointment.

6 Exercise the right of the ward to take under or against a will. Transfer to a trust created by the ward any property unintentionally omitted from the trust. Submit a revocable trust to the jurisdiction of the court if: () The ward or the spouse of the ward, or both, are the grantors and sole beneficiaries of the income of the trust; or () The trust was created by the court. Pay any claim by the Department of Health and Human Services to recover benefits for Medicaid correctly paid to or on behalf of the ward. Transfer money in a minor ward s blocked account to the Nevada Higher Education Prepaid Tuition Trust Fund created pursuant to NRS B.0. V. CERTIFICATION [ALL GUARDIANS] I certify that I have read and reviewed the Guardian s Acknowledgment of Duties and 0 Responsibilities under NRS, and that I understand the terms and conditions under which the Guardianship is to be managed. I agree to comply with the rules and duties of a guardian as set forth in any applicable law of the United States, and the law of the State of Nevada, and any applicable ordinance, resolution, or law of any state that may have jurisdiction over myself, the Ward, or this Guardianship. I understand that failure to comply with the guardianship statutes, or with any Order made by the Court, may result in my removal as Guardian and that I may be subject to such penalties as the Court may impose. Dated this day of, 0. 0 (Your Signature) (Your Printed Name)