Reporting

Important:

(a) Guardian.

If the court has appointed a separate conservator, you must report to the conservator the financial transactions that you have taken on your ward's behalf. Utah Code Section 75-5-312. Because the conservator has to report annually to the court, you should report at least annually to the conservator. Discuss this with the conservator to ensure that you report at a mutually convenient time.

If the court has appointed you conservator or has not appointed a conservator, you must also file the inventory and accountings required of the conservator. Rule 6-501, Utah Code of Judicial Administration

(b) Conservator.

You must annually account to the court for your ward's estate. Utah Code Section 75-5-417. You must also account to the court for your ward's estate with your motion to terminate the appointment. Utah Code Section 75-5-419. Filing an accurate accounting is important. Failure to do so makes you liable for a fine. Utah Code Section 75-5-417. More important, the court order approving the accounting relieves you of liability for anything included in the accounting. Utah Code Section 75-5-419.

If your ward's estate is limited to payments from a state or federal agency that requires you to account annually to the agency, you may file with the court a copy of the agency's form rather than the court form. For example, this may be the case if you are your ward's representative payee through the Social Security Administration. See Section (11).

(c) Procedures.

The OCAP on-line interview, based on your answers to questions, will prepare the necessary forms for a report on the status of your ward, an inventory, an accounting and notice to interested persons. Keep a copy of all documents for your records.

The deadlines for the status report, inventory and accounting are as follows:

• Status Report:

  Filed by Guardian within 60 days after each anniversary of your appointment.

• Inventory:

  Filed by Conservator* within 90 days after your appointment.

• Accounting:

  Filed by Conservator* within 60 days after each anniversary of your appointment.

• * Note: The Inventory and Accounting are filed by the guardian if there is no conservator.

File the documents with the court that appointed you. You may ask the court to change the reporting period, such as to a calendar year or any other 12-month period that is more convenient. Rule 6-501, Utah Code of Judicial Administration. This means that for the year in which the change is made you will report for a shorter period of time. For example, if you are appointed on August 17, and receive the court's permission to report on a calendar year basis, your initial report would cover the period from August 17 to the end of the calendar year.

Also, if your ward moves to another county, you may ask the court to move your reports to that county. Utah Code Sections 75-5-205, 75-5-302 and 75-5-403.

You must mail a copy of your status report, inventory and accounting, along with a notice of right to object, to:

1. your ward (if he or she is of an appropriate age and mental capacity to understand the proceedings);
2. your ward's guardian or conservator (if the court has appointed one other than yourself);
3. your ward's spouse, adult children, parents and siblings; and
4. anyone requesting notice under Utah Code Section 75-5-406.
5. be sure to keep a copy for your own records.

Rule 6-501, Utah Code of Judicial Administration

Because the information is sensitive, mark the outside of the envelope with "confidential" or a similar statement. If anyone objects to the filing or if the judge has further questions, the court clerk will schedule a hearing of which you and the others will be notified. Rule 6-501, Utah Code of Judicial Administration