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Clerk's Webinar June 20, 2014 Guardianship and Conservatorship Reporting Requirements
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Reasons for Change Simplify and organize reporting requirements. Provide for one location for all guardians and conservators to find requirements. Additional flexibility. Ongoing court responsibility to monitor guardianship/conservatorship appointments. Include detailed guardian reporting requirements.
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Statutory Changes Guardianship I.C. 15-5-209 Powers and Duties of Guardian of Minor I.C. 15-5-312 General Powers and Duties of Guardian I.C. 66-405 Order in Protective Proceedings Conservatorship I.C. 15-5-418 Repealed I.C. 15-5-419 Reporting Requirements for Conservators I.C. 66-405 Order in Protective Proceedings
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Significant Differences – New and Old Requirements No requirement for notary. 30 additional days after anniversary date to file reports. Requirement to disclose relationship between any creditor and conservator or person under conservatorship.
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Detailed reporting content for guardians of minors and incapacitated adults. Requirement to include contact information for both the guardian/conservator and the subject of the proceedings.
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Idaho Court Administrative Rule (ICAR) 54.2 -Guardian Reporting (ICAR) 54.2 (ICAR) 54.2 A guardian must file a report: 1. 30 days following the anniversary date of the appointment; 2. Annually thereafter; 3. When the guardian resigns or is removed; and 4. When guardianship is terminated unless court determines otherwise.
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Idaho Court Administrative Rule (ICAR) 54.2 - Guardian Reporting Report must be under oath or affirmation and shall contain: 1. Contact information; 2. Current condition of the person under guardianship; 3. Services provided to the person under guardianship;
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4. Frequency of guardian visits; 5. Current treatment plan; 6. Recommendations for continued guardianship or changes in scope; and 7. Other relevant information.
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Idaho Court Administrative Rule (ICAR) 54.3 - Conservator Reports All conservators must file an: 1. Inventory within 90 days; 2. Accounting within 30 days of the anniversary date of the appointment; 3. Accounting annually thereafter;
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4. An accounting with a petition for resignation or termination of the appointment; 5. A final accounting within 30 days of removal; and 6. As ordered by the court.
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90 Day Inventory Inventory must be under oath or affirmation and shall contain: 1. Contac t information for conservator and person under conservatorship; 2. Description and fair market value of all assets; 3. Description of all encumbrances/debts; 4. Any other relevant information.
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Accounting Accounting must be under oath or affirmation and shall contain: 1. Contact information for conservator and person under conservatorship; 2. Description of everything of value received by the person under conservatorship; 3. Listing of all payments; 4. Listing of net assets of the estate; 5. Any other relevant information.
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Standardized Forms Guardianship Adult annual status report Adult annual status report NEW - Minor annual status report NEW - Minor annual status report Conservatorship IMPROVED - 90 day inventory IMPROVED - 90 day inventory I MPROVED - Accounting Large estate Small estate
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ISTAR Changes
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Questions
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Contact Guardianship and Conservatorship Manager Nanci Thaemert PH: (208) 947-7458 Email: nthaemert@idcourts.net
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