COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. SPECIFIC INSTRUCTIONS TO GUARDIANS : JUDICIAL SUBPOENA Plaintiff(s) -against- : Upon appointment, unless the appointment is made to accomplish one : specific purpose, a guardian, limited or general, shall become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of : the ward's capacities, limitations, needs, opportunities and physical and mental Defendant(s) : . . . . . . health.. Specifically .the. . . . . . . . . . shall. . . . . . . . following-. . . . . . . . . . . . . . . . . . . . guardian . . . . do the . . . . . (1) Upon appointment, the guardian shall forthwith qualify by filing bond if the Court requires bond and THE PEOPLE OF THE STATE OF NEW YORKby filing an acceptance and consent to jurisdiction (Form II-A-1) unless the guardian has executed paragraph fourteen TO (14) of the Petition for a General Proceeding. (2) To ensure awareness -at all times of the ward's needs and condition the guardian shall personally visit the ward and the ward's place of abode not less GREETINGS: than once every thirty 130) days . WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court (3) From available funds a guardian shall ensure that movies are located at County of available eachthe the ward in room , on month for the personal ,use and/or needs of the ward. If noon, and at any recessed day of 20 , at o'clock in the resides in a testify and give the guardian may in this action on the part of appropriate or adjourned date, to nursing home evidence as a witness consider contacting the the nursing home officials with a view toward establishing and funding a "patient's account" with the home to be utilized for the monthly purchase of incidental needs of Yourward. If the ward is this subpoena is punishable asguardian shall utilize will make you liable to the failure to comply with a Medicaid recipient the a contempt of court and such the party on whose behalf this by Medicaid issued for a maximumpersonal use needs of the sustained as a amounts as allowed subpoena was regulations for the penalty of $50 and all damages result of your failure to comply. ward. Witness, Honorable (4) If no conservator Court in County, day of , one of the Justices of the has been appointed and the guardian is charged , 20 with the responsibility of expending funds for the care and maintenance of the ward, the guardian shall ensure that movies available for the care and maintenance are timely paid to the nursing home or other authorizedmust sign aboveat the agreed (Attorney caretaker and type name below) upon times. (5) The guardian shall keep abreast of Attorney(s) for the ward's medical needs and desires and shall maintain sufficient contact with the ward's medical personnel and caretaker officials to ensure the medical needs of the ward are fully satisfied and shall seek appropriate order of Court prior to consenting to any medical Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Plaintiff(s) -2- -against- Calendar No. JUDICIAL SUBPOENA : : procedures set forth in D. C. Sec. 21-2047(c) unless such authority is granted in the order of Appointment. : Defendant(s) : . . . . . . . . . . . . . . .The. above. instructions. are .in. no.may . . .be construed as all inclusive of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . to . . guardian's duties and responsibilities. Indi viduals serving as guardians shall be governed by all applicable statutory provisions, rules of Court and such orders as may be entered from time to time. THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. GUARDIANSHIP, DURABLE POWER OF ATTORNEY, ETC.- §21-2070 : JUDICIAL SUBPOENA Plaintiff(s) Legislative history of Law 6-204. --See Application of Law 6-204.-- See note note to § 21-2001. -against§ 21-2001. : Short title -- See note to § 21-2001. : § 21-2070. Powers of conservator in administration. : (a) Subject to limitation provided in section 21-2072, a conservator has all of the powers conferred in Defendant(s) : this section and any additional powers conferred by the law of the District. ...................................................... (b) Without court authorization or confirmation, a conservator may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting reasonably in efforts to accomplish a purpose of the appointment, may act without court authorization NEW YORK THE PEOPLE OF THE STATE OF or confirmation, to perform the following: (1) Collect, hold, and retain assets of the estate including land in another jurisdiction, until judging that disposition of the assets should be made, and the assets may be retained even though they TO include an asset in which the conservator is personally interested: (2) Receive additions to the estate; (3) Continue or participate in the operation of any business or other enterprise ; (4) GREETINGS: Acquire an undivided interest in an estate asset in which the conservator, in any fiduciary capacity, holds an undivided interest; WE COMMAND YOU, that allassets in accordance with subsection (b) of and each of you attend before (5) Invest and reinvest estate business and excuses being laid aside, you this , the Honorable section; at the Court located at County of (6) Deposit estate funds in a local or federally insured financial institution, in room , on the day institution operated by at conservator, in the , 20 , the o'clock noon, and at any recessed including a financialof or adjourned date, to testify and give evidence as a witness in this action on the jurisdiction, (7) Acquire or dispose of an estate asset, including land in another part of the for cash or on credit, at public or private sale, and manag develop, e, improve, exchange, partition, change the character of, or abandon an estate asset; Your Make ordinary or with this subpoena is punishable as a contempt of court and will make you liable to (8) failure to comply extraordinary repairs or alterations in buildings or other structures, the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a demolish any improvements, and raze existing or erect new party walls or buildings; result of your failure to comply. (9) Subdivide, develop, or dedicate land to public use, make or obtain the vacation or plats and adjust boundaries, adjust differences in valuation or exchange, partition by Witness, Honorable , public use without giving or receiving considerations, and dedicate easements to one of the Justices of the Court in County, day of , 20 consideration; (10) Enter, for any purpose, into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the term of the conservatorship; (11) Enter into a lease or arrangement for exploration and removal of minerals orname below) (Attorney must sign above and type other natural resources or enter into a polling or agreement; (12) Grant an option involving disposition of an estate asset and take an option for the acquisition of any asset; Attorney(s) (13) Vote a security, in person or by general or limited proxy; for (14) Pay calls, assessments, and any other chargeable or accruing against or on account of securities;. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. (15) Sell or exercise stock-subscription or conversion rights; (16) Consent, directly or through aPlaintiff(s) or other :agent, JUDICIAL SUBPOENA committee to the reoroganization, consolidation, merger, dissolution, or liquidation of a corpora-against: tion or other business enterprise; (17) Insure the assets of the estate against damage or loss and the conservator against liability : with respect to third persons; (18) Borrow money to be repaid from estate assets or otherwise, advance money for the protection of the estate or the protected individual: and for all expenses, losses, and liabilities sustained in the administration of the estate or because of the holding or Defendant(s) : . . . . . . . . . . . . . ownership. of . . . .estate. assets, .for .which. the. conservator has a lien on the estate as . . . . . . . . . . any . . . . . . . . . . . . . . . . . . . . . against the protected individual for advances so made; (19) Pay or contest any claim, settle a claim by or against the estate or the protected individual by compromise, arbitration, or otherwise, and release, in whole or part, any THE PEOPLE OF THE STATE OFthe estate to the extent the claim is uncollectable [uncollectiblel; claim belonging to NEW YORK (20) Pay taxes, assessments, compensation of the conservator, and other expenses incurred in TO the collection, care, administration, and protection of the estate; (21) Allocate items of income or expense to either estate income or principal, as provided by law, including creation of reserves out of income for depreciation, obsolescence, amortization, or for depletion in mineral or timber properties; GREETINGS: Pay any sum distributable to a protected individual or dependent of the protected (22) individual by paying the sum to the distributes or by paying the sum for the use of the WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before distributes to the guardian of the distributes, or, if none, to a relative or other person , the Honorable at the Court having custody of the distributes; located at County of (23) Employ persons, including attorneys, auditors, investment advisors, or agents to advise in room , on the day of , 20 , at o'clock noon, and at or assist in the performance of administrative duties, act uponin the recommendation any recessed their or adjourned date, to testify and give evidence as a witness in this action on the part of the without independent investigation, and instead of acting personally, employ 1 or more agents to perform any act of administration, whether discretionary or not; (24) Prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of estate comply with the protection punishable as a contempt of court and of fiduciary Your failure to assets and forthis subpoena isof the. conservator, in the performance will make you liable to duties; and the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of (25) failure to comply. your Execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator. (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.) Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. GUARDIANSHIP, DURABLE POWER OF ATTORNEY, ETC. § 21-2071 : JUDICIAL SUBPOENA Plaintiff(s) § 21-2071. Distributive duties and powers of conservator. -against: A conservator may expend or distribute income or principal of the estate without court : authorization or confirmation for the support, education, care, or benefit of the protected individual and dependents in accordance with the following principles: : (1) The conservator shall consider recommendations relating to the appropriate standard of Defendant(s) : . . . . . . . . support,. educ. ation,. and .benefit .of. the. protected. individual or dependent made by the protected ...... ... .... ... ..... . .. ....... ....... individual and a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons furnishing support, education, or care to the protected individual or a dependent pursuant to the recommendations of a guardian of the protected individual unless THE PEOPLEconservator knows that the guardian derives personal financial benefit from the the OF THE STATE OF NEW YORK recommendation, including relief from any personal duty, of support, or knows that the TO recommendations are clearly not in the best interest of the protected individual. (2) The conservator shall expend or distribute sums reasonably necessary for the support, education, care, or benefit of the protected individual and dependents with due regard to: GREETINGS:(A) The size of the estate, the probable duration of the conservatorship, and the likelihood that the protected individual, at some future time, may be fully able to WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before wholly self-sufficient and able to manage business affairs and the estate; , the Honorable at the Court (B) The accustomed standard of living of the protected individual and dependents; and located at County of (C) Other funds or sources used for the support of the protected individual. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the (3) The conservator may expend funds of the estate for the support of individuals legally dependent on the protected individual and others who are members of the protected individual's household who are unable to support themselves and who are in need of support. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party (4) whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a on Funds expended under this subsection may be paid by the conservator to any person, including the protected result of your failure to comply. individual, to reimburse for expenditures that the conservator might have made, or in advance for services to be rendered to the protected individual if it is reasonable to expect that the services will be performed and advance payments are customary Witness, Honorable , one of the Justices of the or reasonably necessary under the circumstances. Court in County, day of , 20 (5) A conservator, in discharging the responsibilities ,conferred by court order and this subsection, shall implement the principles described in section ZI-2055 (a). (Feb. 28, 1 987, (Attorney must sign above and type name below) D.C. Law 6-204, § 2(a), 34 DCR 632.) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com