ATTORNEY (NAME, STATE BAR NUMBER AND ADDRESS) OR PARTY WITHOUT ATTORNEY : TELEPHONE AND FAX NO. FOR COURT USE ONLY ATTORNEY FOR (NAME): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: GUARDIANSHIP OF (NAME) : MINOR DUTIES AND LIABILITIES OF GUARDIAN OF ESTATE And Acknowledgment of Receipt DUTIES AND LIABILITIES OF GUARDIAN OF ESTATE You have been appointed as Guardian of an estate by this Court. Upon qualification 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 minor's estate you have several duties: you may not profit from your position as a Guardian, or enter into any financial transaction with the estate without prior court hearing and order. 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 lend estate funds without court approval. 2. You must keep the money and property of this Estate separate from your own, and must never commingle them with your own or other property. When you open a bank account for the funds, it must be in your name "as Guardian of the Estate." The securities of the Estate must also be held in your name "as Guardian of the Estate." In a guardianship with more than one minor, you must keep a separate ledger account of all property belonging to each minor and all receipts for and disbursements from each such account. The surety who posted your bond guaranteeing the Guardianship Estate against loss may require that its representative, or your attorney, join with you in signing checks or other orders for withdrawal of money from the bank. 3. As the Guardian, you must not spend the Guardianship Estate's money until you have received prior permission from the Probate Court to do so. If you do not obtain such permission, you will be surcharged and: you will be ordered to reimburse the Guardianship Estate from your funds. (There are exceptions such as approved creditor's claims or tax payments. However, consult your attorney before paying these). With the exception of income from Social Security, SSI, child support or AFCD, a parent is not entitled to use a minor's property for the support of such minor. The court may permit you to make certain payments or purchases from the minor's funds after a hearing on a petition filed by you, but you may not use the money until a court order is signed. 4. You may reimburse yourself for official court costs paid by you to the County Clerk and for the premium on your bond. You may NOT pay fees to your attorney or to yourself without prior order of the court. DUTIES AND LIABILITIES OF GUARDIAN OF ESTATE SB-147 2002 © American LegalNet, Inc. 5. Within ninety (90) days after your appointment as Guardian of the Estate, you must file with the court an Inventory and Appraisal of all money and other property belonging to the Guardianship Estate and held by you. You must arrange to have a court appointed Referee fix the value of such property and the Inventory and Appraisement must then be filed with the court. (The Guardian, rather than the Referee, determines the value of certain "cash items," and your attorney will advise you as to this procedure.) 6. After you have qualified as a Guardian of the Estate, you must file an account annually (or as often as the court directs) which shows all property you have received during the year, and what you have spent. You must describe in detail what you have left after the payment of expenses ("balance on hand"). Save your receipts because the court may ask to review them. If you do not file your accounts as required, the Court will order you to do so. You may be removed as Guardian of the Estate if you fail to comply. It is important that you cooperate with your attorney at all times so that your attorney may assist you in carrying out the responsibilities entrusted to you. When in doubt, contact your attorney. ACKNOWLEDGMENT OF RECEIPT 1. I have petitioned the court to be appointed as Guardian of the Estate of: 2. I acknowledge that I have received a copy of this statement of the duties and liabilities of the office of Guardian of the Estate. Date: ............................................... (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER) Date: ............................................... (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER) Date: ............................................... (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER) DUTIES AND LIABILITIES OF GUARDIAN OF ESTATE 2002 © American LegalNet, Inc.