We had a shoe box full of receipts with check numbers on every single receipt for everything we’ve ever spent. That’s not good enough. You need to have it listed where you can just go in and quickly access it, otherwise it’s going to take hours and hours.
—Diane Evans, Parent
Guardianship is in relation to personal decisions and Conservatorship is in relation to financial decisions. Both require court oversight. It takes a lot of organization to ensure you have all the necessary information to fill out the required forms for lay (non-professional) guardianship/conservatorship. The following tips offer some helpful ideas for saving time and reducing frustration when preparing these records for the court.
Tips for Guardianship Record-Keeping
-
Does your Superior Court have a Guardianship Monitoring Program? Get information and assistance from that clerk. Check the court website for court-approved forms.
-
Never combine your money with that of the individual. Set up the individual’s own bank account, separate from your own funds.
-
Consider purchasing a simple record and accounting software program, such as Excel or Quicken. At the very least, record all expenses paid and reimbursements made in a record-keeping book. Remember to keep all your receipts.
-
Organize proposed budget and expenditures by category, such as medical expenses, food, transportation, entertainment, rent, utilities, and miscellaneous purchases (e.g., furniture or credit card payments). Be sure to find out the specific requirements of your county.
-
Make a copy of everything to submit to the court. When it is time to renew the guardianship/conservatorship, you’ll have a record of which forms you need to download and what additional information you must submit.
-
Report significant changes in income or expenses to the court when they occur. You will need the court’s approval to update or revise a budget.
-
Prepare your court reports. Initial and annual reports must be filed within 90 days after the date you were appointed guardian/conservator. Retain an attorney to assist you if needed.
-
Check with your county court for the due date of your report.
-
Never ignore a court notice to appear for a hearing before the judge. Ensure you bring all your paperwork and arrive on time. If you feel unsure about explaining yourself, consider seeking legal counsel for assistance.
Required Guardianship Forms
Note: Check your county court website for county-specific requirements.
Within 90 days of being appointed as guardian:
- Initial Personal Care Plan (Guardianship): The individual’s needs, available resources, and what your plan will be to meet the identified needs.
- Inventory (Conservatorship): Assets such as real estate, personal property, bank account balance, monthly income, liabilities/debts, special needs trust accounts, pooled trust accounts, and ABLE accounts.
- Proposed Budget (Conservatorship)
- Designation of a Standby Guardian/Conservator.
Periodic (annually or up to every three years, as directed by the court):
- Conservator’s Report Accounting and Proposed Budget
- Periodic Personal Care Plan (Guardianship)
