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Record Keeping


 

Keeping good records is essential for guardians and conservators because you must account for all transactions at least annually. Contemporaneous records, that is, records prepared at the same time as an event, will help later, when you prepare your reports. As guardian, you must report the status of your ward to the court. Guardians must also report financial transactions to the court or, if there is one, to the conservator. As conservator, you must report financial transactions to the court. In addition to annual reports, any person interested in your ward can request further reports. Also, as is explained in Section (5), you can claim reimbursement from the estate for your ward's living expenses that you pay with your own money.

Set up files to keep legal documents, tax records, paid bills, unpaid bills, correspondence and other papers related to your ward. Obtain a copy of your ward's will, living will, trust or other estate planning documents so you can follow the estate plan. Keep a copy of all documents filed with or issued by the court. Keep the records about your ward separate from your personal records.

As guardian, you should keep a journal or diary throughout the year to record your ward's activities and important events, especially if there is not an independent record of the event. If your ward does not live with you, record the dates of your visits.

Keep negotiable instruments, deeds, and wills in a safe deposit box in the name of the guardianship or conservatorship.

You may be personally liable if you do not keep proper records. Utah Code Sections 75-5-302, 75-5-312 and 75-5-417. The court may order you to reimburse the estate if you cannot show what you did with your ward's property, even if you know that you used it in your ward's best interests. Good records help to protect you in the event that your management of the estate is questioned.


Page Last Modified: 7/7/2015
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