COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : Index No. Calendar No. GUARDIANSHIP GUIDELINES : JUDICIAL SUBPOENA Guardianship Plaintiff(s) File No.:_______________ -against- Appointment:________________ Date of : : The laws governing Guardianships are complicated and they place a heavy responsibility : upon the Guardian. Defendant(s) : . . . . . Briefly,. there .are. several .things which. you.are. required .to do in the handling of the ...... .... .. ...... .......... ... .. ....... . Guardianship. You have been appointed by the Clerk of Superior Court; you have taken an oath; you have given a bond to insure your proper accounting for all the property and funds which may come into your hands as Guardian. THE PEOPLE OF THE STATE OF NEW YORK •INVESTMENTS• TO The Guardian is not simply a conservator of property. He has the duty to invest the portion of the Guardianship funds which are not needed for the maintenance and support of the Ward. North Carolina requires the Guardian to invest the funds within a reasonable time. [G. S. 35A1251 and G. S. 35A-1252] GREETINGS: (1) Investments shall be in the name of the Ward by the Guardian. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at Jane Court EXAMPLE: John H. Smith, Minor by the E. Smith, Guardian. (At no time can located at County of funds be invested under a custodian.) in room , on the day of , 20 , at o'clock in the noon, and at any recessed (2) At the time accounts are required a be filed, this action on the part of the or adjourned date, to testify and give evidence asto witness inthe Clerk must require the Guardian to exhibit all investments and bank statements showing cash balance. (You must use an organization that will give you returned canceled checks.) (3) Your failure bank accounts should be established for each contempt of court order to make you liable to Separate to comply with this subpoena is punishable as a Guardianship in and will the party onprovidebehalf this subpoena was issued for a maximum penalty of $50(At no time should whose a clear record of transactions, interest accrued, rents, etc. and all damages sustained as a result of your failure to comply. you deposit any funds other than the Guardianship funds into these accounts.) (4) It is at the request of the Court that all investments be made with an accredited Witness, Honorable that would insure all investments. banking institution Court in County, day of , 20 , one of the Justices of the A failure to invest the funds within a reasonable time will make the Guardian liable for any amount of income which would have been earned had he made a timely investment. •MANAGEMENT OF WARD'S ESTATE• (Attorney must sign above and type name below) (1) Every Guardian shall take possession, for the use of the Ward, of all his estate. [G. S. 35A-1253] (2) With the approval of the Clerk of Superior Court, the Guardian may purchase or sale assets of the Ward. To avoid complications, consult your attorney frequently, as this is a proper function for an attorney. The law allows you to pay a reasonable attorney's fee from the funds of the Guardianship. Disbursement andattorney's fees must first be Office of P.O. Address approved by the Clerk of Superior Court. Attorney(s) for Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: MCSC-ES-017 11/96 1 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : Index No. Calendar No. •RESPONSIBLITY TO USE WARD'S FUNDS FOR WARD'S NEEDS AND KEEP : JUDICIAL SUBPOENA Plaintiff(s) RECORD OF EXPENDITURES• -against: The Clerk must order what yearly sums of money or other provisions shall be allowed for the support and education of the Ward, or for the maintenance of the incompetent, and must : prescribe the time and manner of paying the same; but such allowance may, upon application and satisfactory proof, be reduced or enlarged, or otherwise modified, as the Ward's condition in life : and the kind and value of his estate may require. All payments made by the Guardian of the Defendant(s) Estate shall be deemed just disbursements and be allowed: in the settlement of his accounts. ...................................................... Consult you attorney to prepare a Petition and Order for the use of the Ward's funds. The law allows you to pay a reasonable attorney's fee from the funds of the Guardianship. Disbursement of attorney's fees must first be approved by the Clerk of Superior Court. [G. S. 35A-1251(12) THE PEOPLE OF THE STATE OF NEW YORK and G. S. 35A-1252(9)] MINORS -- The Clerk must authorize the Guardian to disburse the moneys held in such sum or sums and at such time or times as in his judgment is the best interest of the Ward, except the Clerk must first determine that the parents or other persons responsible for the child's support and maintenance are financially unable to provide GREETINGS: necessities for such child, and also that the child is in need of maintenance and the support or other necessities, including, when appropriate, education. TO (1) WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before (2) INCOMPETENT ADULT -- TheatClerk, upon finding of fact that is in the best , the Honorable the Court interest of the incompetent at adult must authorize the Guardian to disburse the money located County of held in on the sum or sums and at such timeat timeso'clock in the as in his judgment inand atbest recessed in room , such day of , 20 , or noon, the any or adjourned date, toof the incompetent for his support and this action on the part of the interest testify and give evidence as a witness in maintenance. •AT NO TIME SHOULD THE GUARDIAN USE ANY FUNDS OF THE MINOR OR INCOMPETENT BEFORE HE HAS THE AUTHORITY OF THE COURT• Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to When whose behalf uses funds (with issued for a maximum penalty the Ward's estate to the party on the Guardian this subpoena was the authority of the Clerk) forof $50 and all damages sustained as a purchaseyour failure toservices, etc., needed by the Ward, a record should be kept of such result of items, care, comply. expenditures. The record should include an itemized listing of expenditures. The receipts or paid vouchers showing Honorable Witness, that the moneys disbursed were used for the exclusiveone of the Justices of the , use and benefit of the minor in incompetent. or Court County, day of , 20 •RESPONSIBILITY TO FILE ACCOUNTS WITH THE CLERK• (1) Accounting within three (3) months after appointment: Every Guardian within three (Attorney must sign above and type name below) (3) months after his appointment, shall file an accurate inventory with the Clerk's Office, giving full description and accurate values of all personal and real property. [G. S. 35A-1261] Form AOC-E-505 (2) Annual Account: Every Guardian shall file with the Clerk's Office, an Annual Account, under oath, of the amount of property received by him or invested by him, and the manner and nature of such investments, and his receipts and disbursements for the past year in the form of debit and credit. The GuardianP.O. Address vouchers for Office and shall produce all payments or verified proof for all payments in lieu of vouchers. The Clerk of Superior Court may examine under oath the Guardian or anyone else concerning the receipts, disbursements, or any other matter concerning the estate. The first Annual Telephone No.: Attorney(s) for Facsimile No.: E-Mail Address: Mobile Tel. No.: MCSC-ES-017 11/96 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : Index No. Calendar No. Account must be filed within thirty (30) days of the expiration of one year from his : JUDICIAL SUBPOENA Plaintiff(s) date of appointment. [G. S. 35A-1264] Form AOC-E-506 (3) : Final Account:-againstA Guardian shall be required to file a Final Account at any time after sixty (60) days from the end of the Guardianship. The Final Account may be filed : voluntarily at any time. [G. S. 35A-1266] Form AOC-E-506 : •WHAT ACCOUNTS MUST CONTAIN• Accounts filed with the Clerk of Superior Court must be: signed under oath and shall Defendant(s) ...................................................... contain: (1) The period which the Account covers and whether it is an Annual or a Final Accounting. THE PEOPLE OF THE STATE OF NEW YORK (2) TO Receipts: The amount and value of the property of the Guardianship, the amount of income and additional property received during the period being accounted for, and all gains from the sale of any property. (3) Disbursements: All payments, charges, losses. You will need canceled checks or verified proof for all payments in lieu of vouchers. GREETINGS: (4) Balance Held or Investor: The Clerk must require the Guardian to exhibit all WE COMMAND YOU, that all business and excusesbalance. aside, you and each of you attend before investments and bank statements showing cash being laid , the Honorable at the Court (5) information determined by the Clerk to be necessary to an County of Such other facts and located at understanding of the account. 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 The law places upon the Clerk of Superior Court the responsibility for the supervision of Guardianships. In order that he may be enabled to do this, you must file your Inventory and Accounts with him. The Clerk may mail you a Notice that you are due such Inventory or Account Your certain to comply with this subpoena is punishableNOTICE. Take court and will make you liable to on a failure date: YOU SHOULD HEED THIS as a contempt of notice that if your the party not whose or good cause shown forissued failure to do so, penalty of be removeddamages sustained as a report is on filed, behalf this subpoena was your for a maximum you may $50 and all from result your failure to comply. office.of"All fees and costs of the Superior Court for issuing Orders, Citations, Summonses, or other process against Guardians for their supposed defaults shall be paid by the party found in , one of the Justices of the default." Witness, Honorable Court in County, day of , 20 * NORTH CAROLINA LAW PROHIBITS THE CLERK OF SUPERIOR COURT IN ASSISTING ANYONE WITH THE PREPARATION OF THEIR ACCOUNTS, ETC. THIS IS A PROPER FUNCTION FOR ANY ATTORNEY. sign above and type name below) (Attorney must * KEEP ACCURATE RECORDS OF ANY INCOME AND DISBURSEMENTS IN REFERENCE TO THE GUARDIANSHIP. Attorney(s) for Martha H. Curran Office Clerk of Superior Court and P.O. Address Mecklenburg County Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: MCSC-ES-017 11/96 3 American LegalNet, Inc. www.USCourtForms.com