After the guardianship has been approved by the judge, there are several more forms that the guardians must make sure are filed with the court. Some forms are required immediately, and some will be filed in the future throughout the life of the guardianship case. Read on for information about what must be filed and when.
Congratulations! The court has appointed you the guardian! You are done filing things at the court now, right? Not quite . . .
Guardians have to file a few more forms right after being appointed to wrap up the initial guardianship case, and then must file more forms periodically with the court. The forms you will need and the deadlines to file them depend on whether you were appointed guardian over the person, guardian over the estate, or both.
Forms for All Guardians (Due Immediately After Appointment)
The following forms may be created by the judge at the guardianship hearing and filed immediately. If the judge does not prepare the forms, you must prepare them and make sure they are filed. These forms apply to all types of guardianship.
For Non-Nevada Guardians:
Nonresident guardians must appoint a "registered agent" in the State of Nevada to accept service of legal documents. The court may appoint you a "temporary guardian" until a registered agent is appointed.
Non-Nevada guardians must select a registered agent (if you need to hire a service, a list can be found here) and complete the "Appointment of Registered Agent by Court-Appointed Nonresident Guardian of Adult" form located on the Secretary of State's website. The form should be mailed back to the Nevada Secretary of State. The court cannot appoint a nonresident as a permanent guardian until this form has been properly filed with the Secretary of State.
The Order Appointing Guardian
This is the order the judge signs when you are appointed the guardian. The judge may create this form and sign it in court. If not, you will have to complete this form and provide it to your judge to sign.
Notice of Entry of Order Appointing Guardian
After you are appointed the guardian, you must send a copy of the Order Appointing Guardian to all of the same people you had to notify of the original proceedings. Fill out this form, attach a copy of the Order Appointing Guardian, and file it with the Clerk's Office. After you file the form, mail a copy to every relative and agency you served before.
Letters of Guardianship
The letters of guardianship are the proof that you have the power to act as guardian. You have no legal authority to act as guardian until the letters of guardianship are issued! This is the proof you will need to show to anyone who needs to verify that you have the power to act on behalf of the protected person.
At the hearing, the judge may have sworn you in and had you take an "Oath of Guardian." If so, you should already have your letters of guardianship.
If not, each guardian must complete a separate form. Complete as much of the form as you can, but do not sign the second page. Bring the form to the courthouse and ask to see the Clerk. The Clerk will administer the Oath of Guardian, have you sign the form, and will then stamp and file the form.
If you were appointed the guardian over the protected person's estate and the judge required you to establish a "blocked account," the Clerk cannot approve the letters of guardianship until proof of the blocked account is filed. See the information below for Guardians Over the Estate for more information about this.
Guardian's Acknowledgment of Duties
Guardians have many responsibilities. Once appointed, each guardian must complete a form acknowledging all of the duties and responsibilities they are accepting. This should be provided to you by the judge.
Forms for Guardians Over the Estate
Proof of Blocked Account. A blocked account may be ordered to safeguard the protected person's assets. Once blocked, money cannot be withdrawn from the account without a court order.
Check the Order Appointing Guardian to find out if the judge ordered the protected person's funds to be placed into a "blocked account" at a financial institution. If the judge ordered a blocked account, you must go to the financial institution, ask them to block the account, and have an officer at the financial institution give you proof that the account was blocked File the proof with the court.
Due Within 60 Days of Appointment:
Inventory, Appraisal, and Record of Value. The guardian must provide the court with an inventory of all the protected person's assets. The inventory includes a list of all the property, money, and any other assets belonging to the protected person. The judge may order an appraisal in some cases. If so, an appraiser, CPA, or expert in valuations must prepare an appraisal to file with the court.
Monthly Budget. The judge may order a monthly budget be submitted initially and as the person's financial situation changes. The monthly budget provides the Guardian of the Estate a guideline on how the protected person will be financially supported. The budget includes all projected income, fees, and expenses.
Initial Plan of Care for the Protected Person (Submitted by the Guardian of the Person). The judge may order that the Guardian of the Person submit an initial plan of care and to update it as the protected person's circumstances change. This plan of care outlines what steps the guardian will make to ensure the protected person is well cared for, and provides the judge with information on where the protected person will live and what care, treatment, and activities they will participate in.
Due Every Year:
Accounting. Check the Order Appointing Guardian to find out if the court is requiring the guardian to file regular accountings (if the protected person has few assets, this might not be required). If required, the guardian must provide the court with an accounting of the protected person's assets, income, and expenses every year. A hearing is required for this so the judge can approve the annual accounting.
Report of Guardian of the Adult Person (Guardian of the Person). The annual report of the person provides information on the protected person, including mental, psychiatric, and dental appointments in the last year, prescribed medication, placement, and activities the person engages in.
Forms for Guardians Over the Person
Report of the Guardian. The guardian must file a yearly report letting the court know how the protected person is doing. This must be completed and filed every year.
Forms for Guardians Over the Person AND Estate
You will have to file all of the forms listed above for guardians over the person AND all of the forms for guardians over the estate. File EVERYTHING listed above by the given deadlines.