Guardianship Report Comprehensive Accounting Form {11801}

Instructions: Guardian Report Comprehensive Accounting Guardians of the estate may be required to report using Judiciary forms as to the financial affairs of the incapacitated person. There are two different periodic reporting forms: the Periodic EZ Accounting form ("EZ form"), and the Periodic Comprehensive Accounting form ("Comprehensive form"). The Judgment of Incapacity should specify which form you are required to file, as well as the deadline for filing. Note that instead of filing a Judiciary form, it is possible that a Judgment may direct periodic filing of a copy of a Social Security Representative Payee Report for the most recent reporting period, or of a formal accounting. Sometimes, a Judgment may simply direct the filing of an annual report or an informal account. If the Judgment does not specify a type of accounting and you are unsure which form to utilize, you can file the EZ form and then wait for any further direction. The Comprehensive form is more detailed than the EZ form and requires more attachments to substantiate the figures reported. If the Judgment directs that this form be filed in lieu of the EZ form, you should consider consulting with an attorney, accountant, or other financial professional for purposes of preparing at least the first report. Reasonable fees for such professional services are allowable from the estate of the incapacitated person, subject to court approval. Item A asks if a bond is required, and if so, is one filed covering the period of this report. If you were appointed as guardian of the estate but the Judgment waived the requirement of bond, then you should select "N/A". Even if no bond was imposed, if your Judgment requires the filing of a report, then you must file the report by the specified deadline. Item B inquires if you have identified, traced and collected all of the protected person's assets since your appointment. If you answer "No" to this question, you must provide further explanation. For example, if you are aware of assets belonging to the incapacitated person but in the custody of someone else, you should explain what steps you have taken to retrieve those assets and bring them into the guardianship estate. Item C addresses the status of the filing of the incapacitated person's past and current state and federal tax returns, as well as tax payments. If no tax returns are delinquent as of the filing of your report, then you should answer "Yes" to this question even if tax returns for a subsequent year will soon be due. For example, if your reporting deadline is in February, then in 2014 you may report that you have filed all past and current returns and made all payments if everything is current through 2013, even though you will shortly be filing the 2014 returns. If the amount of income received by the incapacitated person is too little to require the filing of taxes, then write this on the form. The next section, "Summary", is designed to provide an overview of the guardianship estate. "Part I: Cash" is divided into two sections, and the figures for both sections are derived from the schedules on the following pages. Line 1 is used to report income as calculated by "Schedule A: Income", on page 3 of the form. All sources of the incapacitated person's income must be listed, even if a particular source may have been excluded for purposes of setting bond. Note that if the incapacitated person receives more than one type of Social Security income, each type should be specified. In general, income will be received for the full 12-month period covered by a report. If a particular source of income is received for a lesser period of time, then this should be explained (i.e., alimony of $1250/month received from former spouse through July 1, 2014, then terminated due to death of former spouse, so seven (7) months reported for this period, 7 months x $1250/month = $8,750). "Schedule B" addresses disbursements from the guardianship estate. "Schedule B-1", on page 3 of the form is reserved for attorney's fees and costs directed to be paid from the assets of the protected person by the Judgment or subsequent Court Order. The Judgment typically awards a specific amount to be paid to court-appointed counsel for the incapacitated person. In some cases, an additional counsel fee award is included in the Judgment for a court-appointed guardian ad litem. Revised 02/2017, CN 11801 (Instructions: Guardian Report - Comprehensive Accounting) Page 1 American LegalNet, Inc. www.FormsWorkFlow.com If the attorney for the plaintiff in the underlying action sought approval of fees, then that attorney's fee may also be included in the Judgment. If you were the plaintiff in the guardianship action but did not seek or did not obtain court approval of fees paid to your attorney at or after final judgment, then any fee you paid to your attorney should not be listed in Schedule B-1. If the court approved payment from the assets of the protected person for less than the full amount paid to your attorney (i.e., if the Judgment approved fees at $250/hour, but you agreed to pay your attorney $325/hour), then only the amount awarded pursuant to the Judgment should be listed in Schedule B-1 as only that amount has been approved for payment from the assets of the incapacitated person. If you have retained an attorney to assist you in preparing this report, then unless that attorney's fee has been approved by Court Order, it should not be included in Schedule B-1. Remember to include the date of the Judgment or Court Order for each entry in Schedule B-1. On line 2 of the Summary, list the total attorney fees and costs reflected in Schedule B-1. "Schedule B-2", on page 3 of the form, covers guardian fees and reimbursements approved by the Judgment or subsequent Court Order. Like Schedule B-1, entries for this schedule are limited to fees and costs approved by the court. This may include not only your approved fees and costs, but potentially amounts approved as to a temporary guardian. If you are the guardian of the estate only, then be sure to include any fees and/or costs allowed as to the guardian of the person. The date of the Judgment or Order must be listed for each entry, and the total approved guardian fees and reimbursements should be listed in line 3 of the Summary. "Schedule B-3", on page 3 of the form, should reflect all other fees and costs authorized by the Judgment or subsequent Court Order. Such court-ordered disbursements may include fees