Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
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Sunday, May 07, 2017

Introductory Instructions: Guardianship Reporting Forms

Introductory Instructions: Guardianship Reporting Forms
Generally, an individual appointed as a guardian of the person, estate, or person and estate of an incapacitated person must periodically report to the court regarding the guardianship. Forms have been developed and approved by the Supreme Court for use by guardians subject to reporting requirements. All guardians required to report must utilize these forms which can be completed online or printed and filled out in type or neat handwriting.
Consult the Judgment and Letters
The first step for any guardian is to look to the Judgment of Incapacity (or Judgment of Guardianship) entered by the Superior Court, along with the Letters of Guardianship issued by the Surrogate. Both the Judgment and the Letters specify the type of your responsibilities as a guardian. An individual may be appointed as guardian of the person, as guardian of the estate (sometimes referred to as property), or as guardian of the person and estate. In some cases, one person may be appointed as guardian of the person and a different person appointed as guardian of the estate. For purposes of reporting, each guardian must identify the nature of his or her guardianship and file the appropriate report(s). If multiple guardians are appointed as to the same area (co-guardians of person, or co-guardians of estate, or co-guardians of person and estate) then all guardians must report. It is acceptable for all co-guardians to file a single report, signed by all, or to file separate reports. Refer to the Judgment as to any requirement for service of a report filed by one guardian on the other co-guardian(s).
After determining whether you are appointed as a guardian of the person, a guardian of the estate, or a guardian of both person and estate, look to the Judgment to see when you must report. Guardians are often required to report on or before the annual anniversary of the date of their appointment, but in some cases the Judgment will set a different period. The date of appointment is the date of entry of the Judgment, not the date when letters were issued by the Surrogate.
Published: 04/2014, CN: 11795 (Guardianship – Introductory Instructions) page 1 of 1