![]() ![]() Generally, a person that needs guardianship is someone who is incapacitated enough to need a someone else to care for their needs. Who pays the guardian ad litem (GAL) fees for adult conservatorship cases? What is the difference between a conservatorship and a guardianship?Ī conservator has responsibility over the ward's finances, whereas the guardian has responsibility over the ward's health care and well being. Generally anyone interested in the welfare of the ward may petition to become a conservator. To become a conservator, you must file a petition, pay the fee, serve interested persons, and appear at a hearing. Who fills out the Verification of Funds?Ī representative of the financial institution where the funds are held must fill out and sign the Verification on Deposit. Who must file a Verification of Funds?Ī conservator for a minor is required to file a Verification on Deposit with the court on a yearly basis. Verification on Deposit forms must be filed every year on minor conservatorships to ensure that the minor's funds are properly preserved. You do not need permission to deposit the funds in an FDIC insured account at a bank for instance. You must get court approval before investing any of the minor's funds in stocks, mutual funds or annuities. ![]() Can I, as a conservator, invest the minor’s funds? After the account is allowed, the personal representative must file a receipt for any remaining funds so the order discharging the conservator can be entered and the conservatorship file closed. If a protected individual dies, the conservator must file a final account within 56 days. What do I do if a protected individual dies? Generally GAL fees are paid by the petitioner. Who pays the guardian ad litem (GAL) fees for adult guardianship cases? Be aware that a guardian may handle regular income such as pension or social security without a conservatorship. What is the difference between a guardianship and a conservatorship?Ī guardian has responsibility over the ward's health care and well being, whereas, a conservator has responsibility over the ward's finances and assets. Any hearing that is scheduled for a date and time other than the next regularly scheduled hearing date is considered an emergency hearing. If an emergency hearing is requested, Bay County Probate Court requires a letter from the hospital or doctor indicating the medical emergency. What situation justifies an emergency hearing on a guardianship?Īn emergency guardianship hearing would be warranted when medical decisions are immediately necessary to save the ward from serious injury, illness, or death. If a ward dies, the guardian must provide a death certificate to the court within 14 days so that the file may be closed and the guardian may be released. What do I do, as guardian, if the ward dies? The guardianship review is only conducted every three years for adults or once a year for minors until age 6. The guardianship review is a personal consultation conducted by a court appointed person. ![]() The court, by law, must also conduct an investigation called a review. You, as the guardian, are required by law to file an annual report every year. Why do I have to fill out this Annual Report on Guardianship when you have already sent someone out to review it? In a full adult guardianship the guardian may attend to the ward's entire needs however, in a limited adult guardianship the guardian may only act for the purposes stated in the Letters of Guardianship. What is the difference between a full adult guardianship and a limited adult guardianship? In a full minor guardianship the guardian may consent to marriage or adoption however in a limited minor guardianship, the guardian may not consent to either marriage or adoption. A limited guardianship is a voluntary guardianship which may only be initiated by a parent who has physical custody of the child. What is the difference between a full minor guardianship and a limited minor guardianship?Ī full minor guardianship may be initiated by anyone, as long as certain criteria are met. Generally, anyone may petition to become a guardian. ![]() To become a guardian, you must file a petition, pay the fee, serve interested persons, and appear at a hearing. If the incapacitated individual is admitted to an institution by court order, the petitioner would file in the county in which that court is located. In a guardianship for an incapacitated individual, the petitioner would file in the county where the incapacitated individual resides or is present. In a minor guardianship, the petitioner would file in the county where the minor resides or is present at the time the proceeding is commenced.
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