GUARDIANSHIP INFORMATION

Transcription

1 GUARDIANSHIP INFORMATION David R. Ellspermann, Clerk of the Circuit Court of the Fifth Judicial Circuit, In and For Marion County, Florida 110 NW 1 st Avenue PO Box 1030 Ocala, FL

2 DAVID R. ELLSPERMANN Clerk of the Circuit Court Marion County, Florida P.O. Box 1030, Ocala, Florida Telephone (352) Fax (352) Dear Guardians: The Clerk s Office is committed to assisting Guardians and the Courts in maintaining, improving, and protecting the quality of life and property of an individual. The Clerk s Office, in relation to customer service, believes it is not so much what we do, but how we do it that really matters. Our statutory responsibilities require us to be the custodian of the Court s records, and to monitor and audit Guardianship files in Marion County. If we can be of any assistance, please contact our office. Sincerely, David R. Ellspermann Clerk of Circuit Court

3 Table of Contents Page Number General Information Regarding the Clerk s Office 1 Frequently Asked Guardianship Questions 2 Schedule of Audit Fees Associated with Guardianships 4 Guardianship Filing Schedule 5 Guardianship Reports 6 Initial Guardianship Plan - Clerk s Checklist 8 Annual Guardianship Plan - Clerk s Checklist 9 Annual Guardianship Plan of Minor Ward - Clerk s Checklist 10 Verified Inventory - Clerk s Checklist 11 Annual Accounting - Clerk s Checklist 12 Sample of Notice To Court 13 Guardianship Process Timeline 14 Guardian Advocacy Timeline 15

4 Welcome to the world of Guardianship! By attending this Guardianship education course, you are not only demonstrating your strong commitment to your new role as Guardian, but also your willingness to accept the tremendous responsibilities and demands associated with this position. Additionally valuable is the ability to provide compassionate care and objective guidance to monitor and protect both your Ward and their assets. The Marion County Clerk s Office is available to assist you in this demanding and sometimes difficult role of Guardian. However, please understand that our capacity does not permit us to give legal advice or guidance in completing the various Guardianship reports that are required. Any legal questions or concerns that you have will need to be addressed with your attorney. The Clerk of the Circuit Court, specifically the Probate, Guardianship, and Mental Health Division, not only has the responsibility of being the custodian of the Circuit Court records, but assists the Court by auditing and monitoring active Guardianship files within Marion County. Our office is open from 8:00am to 5:00pm, Monday through Friday. The phone number and address are listed below. Location: Marion County Clerk s Office 110 NW 1 st Avenue Ocala, FL Probate, Guardianship, & Mental Health 3 rd Floor, Room 301 Mailing Address: Marion County Clerk s Office Attn: Guardianship Department P. O. Box 1030 Ocala, FL Phone Numbers: (352) Guardianship Clerk (352) Guardianship Auditor Fax Number: (352) Web Address: 1

5 FREQUENTLY ASKED GUARDIANSHIP QUESTIONS WHAT IS A GUARDIANSHIP? A Guardianship is the appointment of an individual by the court to exercise all or some control over another individual s person and/or property. The appointment is usually made when an individual is incapable of exercising control for themselves. The person who is appointed by the court is referred to as the Guardian, and the person who is subject to the proceeding is referred to as the Ward. ARE GUARDIANSHIPS ESTABLISHED FOR THE ELDERLY ONLY? No. Guardianships are also established for minors in several situations. For example, if a minor has received a settlement greater than $15,000.00, a Guardian of his or her property must be appointed [FL Statute (2)]. There are also instances where family members, such as grandparents, are appointed as Guardians when the parents of the minor are unwilling or unable to care for the minor child. WHAT STEPS CAN I TAKE IF I KNOW AN INDIVIDUAL THAT IS INCAPABLE OF CARING FOR THEMSELVES AND NEEDS A GUARDIAN? If you are able and qualified to serve as Guardian, you may petition to be appointed Guardian through an attorney. The Clerk s office may not give legal advice or guidance in completing the various Guardianship forms and reports that are required by Florida Statute. If you do not wish to be appointed Guardian, it is possible that a professional or public Guardian may be appointed. WHAT ARE THE QUALIFICATIONS TO SERVE AS GUARDIAN? Any resident of this state who is sui juris (not under any legal disability, or the power of another, or guardianship) and is 18 years of age or older is qualified to act as Guardian of a Ward. Further qualifications and disqualifications can be found in Section , Florida Statutes. 2

6 WHAT ARE THE GUARDIANS RESPONSIBILITIES? This depends upon the type of Guardianship that has been established and the nature of the Ward s incapacity or needs. Each Guardianship is customized by the Court to properly address the needs of the individual Ward. A Guardian can be appointed to represent the person or the Ward s property, or both. ARE GUARDIANS REQUIRED TO HAVE SPECIAL TRAINING? Individuals wanting to serve as Guardians are required to attend either a (4) hour training class for Property only of a Minor child, or an eight (8) hour training class for Person & Property of the Ward. These classes are held approximately four times a year. You can call the Guardianship Division of the Clerk s office at (352) to find out when and where the next class is being held. ARE THERE SPECIAL PROCEEDINGS FOR PERSONS WHO ARE DEVELOPMENTALLY DISABLED, SUCH AS DOWNS SYNDROME, AUTISM, CEREBRAL PALSY, SPINA BIFIDA, PRADER-WILLI SYNDROME OR MENTAL RETARDATION? Special Guardianships, referred to as Guardian Advocacy, can be established for these mentally handicapped individuals. The process for establishing a Guardianship for a mentally handicapped adult is much less complex than the normal procedures for implementing a guardianship. Your attorney will guide you through this simplified process. WHO MONITORS THE GUARDIANSHIP TO ENSURE THAT THE WARD S INTERESTS AND ASSETS ARE PROTECTED? A Guardian is required to submit periodic reports regarding the condition of the Ward and/or the Ward s assets. The Clerk s office is responsible for the initial and annual reviews of these reports. After the reports are audited by the Clerk, they are taken to the presiding Guardianship Judge for review and approval. If it appears that the Guardian is not properly performing his or her duties, the Court will take the necessary steps to protect the Ward and/or their assets. 3

7 SCHEDULE OF AUDIT FEES ASSOCIATED WITH GUARDIANSHIPS [as of 7/1/08] According to Florida Statute 744, audit fees are assessed and are due upon the filings of the Verified Inventory of Guardian of the Property and the Annual Accounting of Guardian of the Property. The audit fees are based on the value of the Guardianship estate and are as follows: Value of Estate Audit Fee Verified Inventory Less than $ 25, ' No charge Greater than $ 25, ' $ Annual Accounting $ 0.00 $ 25, ' $ $ 25, $100, ' $ $100, $500, ' $ $500, & over ' $ There are NO audit fees required with the following reports: 1. Initial Plan of Guardian of the Person 2. Annual Plan of Guardian of the Person 3. Simplified Annual Accounting of Guardian of the Property 4. Amended Verified Inventory of Guardian of the Property 5. Amended Annual Accounting of Guardian of the Property 4

8 FILE NO: [File No] CP IN RE: THE GUARDIANSHIP OF [WARD S NAME] IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA [Guardian Name] [Grd Address] [GRD CITY], [GRD STATE] [GRD ZIP] [Attorney] [Address] [City], [State] [Zip Code] GUARDIANSHIP FILING SCHEDULE The Clerk of the Circuit Court, in addition to being custodian of the Circuit Court records, assists the Court by monitoring Probate Court files. The Florida Statutes or Florida Rules of Probate and Guardianship Procedure set time limits on due dates for certain steps to be followed in the Guardianship proceeding. This letter is sent to provide time limits or dates for required documents. This is to assist with the timely compliance of procedural steps and to avoid unnecessary delays. LETTERS OF GUARDIANSHIP were issued by the court on [DATE OF LETTERS] which under the Law and Rules of Court has set the following procedural due dates for reports and documents to be filed with the Clerk of the Circuit Court. INITIAL GUARDIANSHIP PLAN: INITIAL VERIFIED INVENTORY: PROOF OF EXAM COMMITTEE PAYMENTS: GUARDIAN EDUCATION CERTIFICATE: ANNUAL GUARDIANSHIP PLAN: ANNUAL ACCOUNTING: Due: 60 Days after DOL Due: 60 Days after DOL Due: 60 Days after DOL Due: Within 4 mos of DOL Due: 15 mos after DOL* & annually thereafter Due: 15 mos after DOL** & annually thereafter The Guardian should contact their attorney as to any legal advice they might need in order to perform their duties. The court file is available for inspection in the Clerk of Circuit Court s office, 8:00a.m. - 5:00p.m. Date of Notice: [Date of Notice] DAVID R. ELLSPERMANN, Clerk of the Circuit Court By: * (Beginning 366 days after DOL & continuing forward 1yr) **(Beginning with DOL & continuing forward 1yr) 5

9 GUARDIANSHIP REPORTS There are basically five different types of Guardianship reports that can be required in a Guardianship proceeding. Listed below are all five types: 1. Initial Guardianship Plan:* submitted by Guardian of person 2. Annual Guardianship Plan: submitted by Guardian of person 3. Verified Inventory:* submitted by Guardian of property 4. Annual Accounting:* submitted by Guardian of property 5. Annual Simplified Accounting: submitted by Guardian of property Initial Guardianship Plan This plan is the first report filed by a Guardian who has been appointed as the Guardian of the Ward s person. Sometimes it is referred to as the Initial Guardianship Report of Guardian of the Person, Initial Plan of Guardian, or Initial Plan and should include a plan for the social and physical well being of the Ward. Pursuant to Florida Statute (1), this report must be filed within sixty days after the Letters of Guardianship are issued and must cover the upcoming fiscal year beginning with the date of Letters. Annual Guardianship Plan This is a plan for the social and physical well being of the Ward filed by the individual who has been appointed as Guardian of the Ward s person. Sometimes titled the Annual Guardianship Report of Guardian of the Person, Annual Plan of Guardian, or Annual Plan. Pursuant to Florida Statute (1), this report must be filed within ninety days after the last day of the anniversary month the letters of Guardianship were issued [see page #5]. It must cover the upcoming fiscal year and not the previous year. A medical examination/evaluation signed by a licensed physician and performed no more than 90 days prior to the reporting period must accompany this report. Additionally, it should include any insurance coverage or governmental benefits to which the Ward may be entitled. If the Plan is for a minor, it should include a School Progress Report and the other information required by Florida Statute (2). Verified Inventory This is the first report of all the Ward s assets as of the date of Letters and must include the following: all property of the Ward, real and personal [including annuities], that has come into the Guardian's possession or knowledge, including a statement of all encumbrances, liens, and other secured claims on any item, any claims against the property, any cause of action accruing to the Ward, and any trusts of which the Ward is a beneficiary. Sometimes it is referred to as the Initial Guardianship Report of Guardian of the Property, Inventory of Guardian, or Inventory. Supporting documentation is required to be submitted along with the Verified Inventory, i.e., bank statements, Property Appraisers printout, Blue Book valuation for vehicles, etc. Pursuant to Florida Statute (1), this report must be filed within sixty days after the Letters of Guardianship are entered by the Court. 6

10 Annual Accounting This is the yearly report of the Ward s assets, incomes, encumbrances, and liens filed by a Guardian who has been appointed as the Guardian of the Ward s property. Sometimes it is referred to as the Annual Guardianship Report of Guardian of the Property, Annual Financial Return, or Annual Accounting. Pursuant to Florida Statute (2), this report must be filed on or before April 1 st of each year and must account for the prior calendar year 1/1-12/31. [Administrative Order # for Marion County requires this report be filed on a fiscal year basis for all new guardianships after February Guardians of an existing guardianship may choose to follow this policy as well by having their attorney file an Election to File Fiscal Accounting.] Simplified Annual Accounting This is a simplified version of the Annual Accounting which is filed in lieu of the full Accounting described above. It is due by April 1 st of every year and covers the prior calendar year. It is predominately used in Guardianships of Minors when the Ward s funds have been placed in a Restricted Depository pursuant to Florida Statute Florida Statute permits the use of this format. Generally, a Simplified Annual Accounting consists of a year end statement from the financial institution holding the cash assets of the Ward, as well as a statement from the Guardian under penalty of perjury that the Guardian has custody and control of the Ward s property as shown on the year-end statement. The Clerk's office is responsible for notifying the Court when the Simplified Annual Accounting is delinquent or indicates funds have been withdrawn without the benefit of Court Order. * These reports may be required for a Court-appointed Emergency Temporary Guardian in addition to the normal reports specified and shall be filed no later than 30 days after the expiration of the Emergency Temporary Guardianship. Requirements may differ if the Emergency Temporary Guardian continues as plenary/limited Guardian or is succeeded by a different plenary/limited Guardian. 7