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New Procedures for Guardians and Conservators - John McHenry

How Changes to the Guardian/Conservator Laws and Supreme Court Rules will Affect You   In order to provide additional oversight to protect against the abuse of protected adults, the legislature and the Courts have made changes in how guardians and conservators make their reports  to the court.  For accountings due on or after January 2, 2012,  45 days in advance of the due date the Courts will provide to the Guardians and Conservators an informational packet.   The packet  will include a page on the changes to your responsibilities as guardian and/or conservator as well as forms required for your annual report such as the annual report on condition of ward, an updated inventory, the annual accounting, certificates of proof of possession, a personal and financial information form, a notice of right to object, a notice to interested parties, an affidavit of mailing the annual report, the application for approval of your accounting and/or fees and an affidavit of mailing the application for approval of accounting.   NOTE, for annual reports due in years to come, you will only receive notice of  the reports due and therefore you will need to keep copies of the forms or access them from the Supreme Court website http://www.supremecourt.ne.gov/forms/county/guardian-conservators.shtml  You are required to use the court forms for your  annual accounting/reports.  Use of any other reports or deviations from the form of the required documents will be rejected and you will be sent a corrective action notice and be required to file again at your expense.   Changes in your responsibilities as guardian and/or conservator are as follows:

 Funds from the protected person's accounts should not be comingled with other funds.

You must keep all funds belonging to the protected person in an account separate from anyone else's funds.

The account should be titled: Name of ward, Conservatorship; Your Name, Conservator.

You should not make cash withdrawals from an ATM or take cash back on debit transactions out of the protected person's account without a prior court order.

You must file a copy of your letters with the Register of Deeds in any county where the ward owns real property or has any other interest in real property.

  For more information on the new procedures regarding guardians and conservators, please click here. Please click here for the forms covered discussed in this blog. National Directory of Social Security Lawyers

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