General Instructions To Guardian Form. This is a California form and can be use in Orange Local County.
Tags: General Instructions To Guardian, California Local County, Orange
SUPERVISING PROBATE JUDGE A-_________________ Superior Court of the State of California County of Orange Case No. 341 The City Drive, P.O. Box 14171 Orange, CA 92863-1571 Estate of (Name) GENERAL INSTRUCTIONS TO GUARDIAN ________________________ You have been appointed guardian of the estate of a minor, whom we refer to as a "ward." As such guardian you become an officer of the Court and assume certain duties and obligations. An attorney is best qualified to advise you regarding these matters, but you should clearly understand the following: 1. In managing the property of the estate you have several duties. You must not profit from your position as guardian, or, without prior court hearing and order, enter into any financial transaction with the estate of the ward. You must manage the estate's assets with the care of a prudent person dealing with the property of another. You must be cautious and you may not speculate. You may not borrow from the ward's assets and may not lend or give assets to anyone. You may not use funds of the ward to purchase real property without a prior court order. You must maintain adequate property, casualty and liability insurance. You must file tax returns for the ward and pay any taxes owing. 2. You must keep the money and property of the ward separate from your own. Never commingle or mix them. Bank accounts must be in the name of the ward by you as the guardian. Securities must be held in the name of the ward. If there is more than one guardian, separate accounts must be kept for each ward showing all income and expenditures. 3. A parent may not use a child's property for the child's support. There are exceptions to this rule, but you first must prove you come within the exceptions and get a court order. AS GUARDIAN YOU MUST NOT SPEND THE WARD'S MONEY UNTIL YOU HAVE RECEIVED PERMISSION FROM THE COURT. Without permission, you may be charged for the expenditures made. 4. Within three months after your appointment you must prepare an inventory of all money and other property belonging to the ward, have a Court-appointed probate referee fix the value and file the inventory and appraisement with the Court. If you hold only money and U.S. Savings Bonds with a fixed redemption value, you must still file an inventory but you need not have an appraisal. 5. One year after your letters of guardianship have been issued and thereafter every two years unless the Court directs a different accounting period, you must file an account showing in detail all receipts and disbursements during the accounting period. You must describe in detail what you have left after the payment of expenses. Accounts must comply with Court Rules. 6. Before you sell, lease, mortgage or invest the property of the ward you must get permission from the Court. 7. You may reimburse yourself and your attorney for official court costs paid by either of you, including charges of the Superior Court and the premium on your bond. YOU MAY NOT PAY FEES TO YOUR ATTORNEY OR TO YOURSELF WITHOUT PRIOR ORDER OF COURT. 8. If money is held in a blocked account, you may not withdraw any amount without a prior Court order. 9. The above is not intended to be an all-inclusive list of your duties and obligations. If you have any questions concerning your duties or responsibilities, ask your attorney before you act and/or petition the Court for instructions. SUPERVISING PROBATE JUDGE I have read and understand the above instructions and acknowledge receipt of a copy of same. My Social Security No. is _____________________________. My Driver’s License No. is ______________________________. DATED __________________________________________ ____________________________________________________ GUARDIAN 765.1 (R1/98) GENERAL INSTRUCTIONS TO GUARDIAN 2000 © American LegalNet, Inc.