Florida State Guardianship Association. July 2010
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1 Guardianship Accounting 101 Florida State Guardianship Association Annual Conference Palm Beach Gardens July 2010
2 Today s Presentation by Bonnie L. Mackey, CPA, CSEP Levin, Silvey, Zelko & Mackey, PA 2699 Stirling Road, Suite B-205 Hollywood, FL ext bonnie@lszcpa.com
3 Forms and Software Websites Probate & guardianship (old ver. 1.34) American Legal Net/eFilingPortal.com Unlimited it e-filing $199 ProDoc no longer used gp - Downloadable after name, etc. input Probate forms charge of $2.10
4 Information Worksheets COMPLETE FIRST Case #, date, judge, etc. Case # PRC now PRC Ward s information Guardian (s) info including relationship Attorney s information Accountant s information Hint: Don t be Wacky, Call Bonnie Mackey!
5 Initial Guardianship Plan Due 60 days after Letters of Guardianship Guardian & Attorney sign, then file Provision questionnaire Medical, personal & social care Description of insurance & services Ward s necessary physical/mental exams Ward s medications (by (yyp) type) Rate activities of daily living (adl s) Demographics & disabilities
6 Annual Guardianship Plan Due on 1 st day of 4 th month after fiscal year end (90 days) Guardian & Attorney sign, then file Annual Physician s Report of Exam Ward s residence (s) for past 12 months Provision questionnaire same as initial Professional Medical Treatment for year Ward s Social Skills, Abilities & Activities Rights questionnaire i Medications Rate activities of daily living Demographics & disabilities
7 Verified Initial Inventory Software has instructions Due 60 days after Letters of Guardianship Same as Initial Plan Guardian & Attorney sign, then file Fees to Clerk of Court -0- if ending value less than $25,000 $85 if ending value over $25,000 Broward as of 7/1/09 Old forms still indicate $50
8 Verified Initial Inventory cont d d. Sch. B-2 A/B Intangible Assets Stocks and bonds Sch. B-2 C Personal Property Assets Clothing, jewelry & furnishings Sch. B-3 Personal Property Liabilities Secured debt from B-2 Other Financial Information Page 7 Sources of Income Page 8 Lawsuits & Unsecured debt Page 9 Right to Sue (type, action & status) Page 10 Trust for Ward after GID Page 11 Joint Owners of Assets
9 Annual Accounting Software has instructions Due 1 st of 4 th month after fiscal year end Preparer, Guardian & Attorney sign/file Fees to Clerk of Court Based on remaining i estate t value $20 if $25,000 or less (form shows $10) $85 if $25,001-$100,000 $ (form shows $50) $170 if $100,001-$500,000 (form shows $100) $250 if over $500,000 (form shows $150) Above Broward 7/01/09
10 Annual Accounting cont d d. Summary Page totals of other schedules Lines 9 & 13 MUST equal Sch. A Income during period Sch. B-1 Attorney fees & costs Sch. B-2 Guardian fees & reimbursements Sch. B-3 Other Court Ordered disburse. Sch. B-4 All other disbursements Sch. C Capital transactions Gains, losses, adjustments, reinvestments
11 Annual Accounting cont d d. Sch. D-1Cash assets Sch. D-2 Real estate & property assets Sch. D-2D Intangible assets Sch. D-3 Mortgages, loans, notes & other Sch. E Bank transfer schedule Sch. F Liquid assets & bond requirements Sch. F-1Sale of real property Sch. F-2 Sale of personal property Information & Signature pages Supporting documentation
12 Simplified Annual Accounting ONLY used if ALL assets in designated depositories AND Transactions consist of Interest income Deposits pursuant to settlement Bank charges Federal income tax payments Due 1 st of 4 th month after fiscal year end Guardian & Attorney sign then file Annual Physician s s report of exam
13 Simplified Annual Accounting cont d. Accounting summary Remaining i assets on hand Must attach ALL fiscal y/e statements Ward s residence (s) for year Provision questionnaire Professional medical treatment for year Social skills, abilities & activities Rights restored questionnaire Medications & ADLs Demographics & Disabilities No fee listed on form
14 Inventory Values Fair Market Value on GID Jointly owned assets provide both 100% value & Ward s ownership % Jointly owned assets liabilities by % Use ALL forms if N/A, write NONE Full Descriptions Required Property Liabilities
15 Inventory Values continued Attachments Appraisals for property Bank account statements Document proof of title to guardianship Brokerage statements Life insurance Estimated current value & face amount Investments in Closely-held business Attach financial i statement t t
16 Annual Accounting Summary of income & expenses MUST balance with net assets Market values used to determine e gains & losses for fiscal period on Sch. C Gain = Sales price > prior year s VALUE Gain = Current Value > prior year s value Loss = Sales price < prior year s value Loss = Current Value < prior year s value Differs from TAX reporting
17 Annual Accounting continued Cost basis tracking needed for TAX Income ALL sources listed on Sch. A Interest & dividends Social security, pensions & annuities NOT asset sales Combine regular amounts on 1 line (i.e. SS) Disburse. ALL costs listed on Sch. B MUST keep receipts & xld checks 3 years List Mortgage/Note Payments on B AND Pi Principal i allocation on C as a gain
18 Annual Accounting continued Found Assets discovered after initial inv. Report on Schedule C Report EOY asset VALUES on Sch. D Attachments Bank account statements For CDs, signed bank letter w/balance Brokerage statements (ALL pages w/ #s) Any new appraisals of FMV Current business F/S, if applicable Bank Transfers Schedule E Account info & dates in/out must equal Sales detailed on Schedule F
19 Frequently Asked Questions Broward Law Library at Fee is $10 for a CD or $20 for hard copies to: efileinfo@17th.flcourts.org E-filing Questions: obate_efiling.html l OR Clerk s site: Jd Judge Grossman s Assistant it t Christen Gallardo
20 Death of a Ward File Final accounting w/court or clerk File Transfer documents w/pers. Rep. Guardian s duties: Collect, safeguard & transfer assets to PR Guardian & PR may be same person Personal Representative s duties: File estate inventory Could cover different assets May be different dff interested parties
21 Guardianship Set Up Do it Yourself Kit ( ) or - $25 Basic information of requirements Narrative on types of guardianships Power of attorney for temporary guardianship Petition of permanent guardianship Local estate/guardianship attorney Set up court filings CPA for annual accounting forms For All of your accounting & tax needs, Don t be wackey, call Bonnie Mackey!
22 Thank you for your attendance! Bonnie L. Mackey, CPA, CSEP Levin, Silvey, Zelko & Mackey, PA 2699 Stirling Road, Suite B-205 Hollywood, FL ext
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