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Reports Required from the Guardian and Conservator

Guardianship and Conservatorship Home Page

This page describes the reporting requirements for the guardian and conservator of an adult, not of a minor.


The reports are required

If you are the parent of the protected person, you do not have to file an inventory, a status report or a financial accounting. But you still owe to the protected person the duty to meet his or her needs for care, comfort and maintenance and to budget, invest and use the protected person's estate to meet his or her needs over his or her expected life. In other words, you have all of the Authority and Responsibilities of a Guardian and all of the Authority and Responsibilities of a Conservator, but you do not have to report to the court, unless ordered by the judge.

Otherwise, Utah Code Section 75-5-312 and Section 75-5-417 and Rule 6-501 require that you file the reports with the court. The court can impose a $5,000 penalty if you:

  • willfully fail to file a report;
  • make a substantial misstatement in a report; or
  • are guilty of gross impropriety in handling the protected person's property.

Utah Code Section 75-5-418 requires that the conservator file an inventory of the protected person's estate within 90 days after being appointed, and Rule 6-501 requires that the guardian file the inventory if the protected person does not have a conservator.


Inventory of the protected person's property

Within 90 days after being appointed, the conservator — or the guardian if there is no conservator — must identify, locate and inventory the protected person's property and file the inventory with the court. Utah Code Section 75-5-418 and Rule 6-501. For more information, see our page on Identifying the Protected Person's Property.

Once you have identified the protected person's property, estimate the value of the property and prepare and file the inventory with the court. If more property is discovered later, file an amended inventory. You can use the Inventory Report in the section on Forms below.


Annual status report

A guardian must report annually to the court on the protected person's care and status. Utah Code Section 75-5-312. The report shows what and how the protected person is doing and alerts the court to changes. You can use the Annual Status Report in the section on Forms below.

Between annual reports, a guardian should inform the family and other interested persons of any significant changes in the protected person's circumstances. If the protected person moves or dies, notify the court and the interested persons immediately. You must also notify the court if you anticipate that the protected person will move or die. Utah Code Section 75-5-312.


Annual financial accounting


With the conservator

If the judge appoints a separate guardian and conservator, the guardian must report to the conservator the financial transactions that the guardian makes on the protected person's behalf. Utah Code Section 75-5-312. Because the conservator must report annually to the court, the guardian should report at least annually to the conservator. The guardian and the conservator should discuss and agree on the timing and content of the report.

With the court

A conservator — or the guardian if there is no conservator — must annually account to the court for the protected person's estate. Utah Code Section 75-5-312 and Section 75-5-417.

If the protected person's estate is limited to payments from a state or federal agency that requires an annual accounting, you may file with the court a copy of the agency's form rather than the court form. Otherwise, you may use the Annual Financial Accounting Report in the section on Forms below.

There is a filing fee for the annual and final accounting filed by the guardian or conservator. Filing fees are established by Utah Code Section 78A-2-301. For the amount of the fee, see our page on Fees, under the section on "accountings." If you cannot afford the filing fees, you can ask the judge to waive them. For more information and forms, see our page on Fee Waiver.


Final accounting

The conservator —or the guardian if there is no conservator — must file a final accounting with the court if:

  • the guardian or conservator resigns or is removed;
  • the protected person dies;
  • the court ends the guardianship or conservatorship because the protected person regains capacity; or
  • the court transfers the guardianship or conservatorship to another state.

You may use the Annual Financial Accounting Report in the section on Forms below. The reporting period will be from the date of the most recently filed accounting to the date the guardianship or conservatorship ends or is transferred or the date the guardian or conservator resigns or is removed. Utah Code Section 75-5-419 .

There is a filing fee for the annual and final accounting filed by the guardian or conservator. Filing fees are established by Utah Code Section 78A-2-301. For the amount of the fee, see our page on Fees, under the section on "accountings." If you cannot afford the filing fees, you can ask the judge to waive them. For more information and forms, see our page on Fee Waiver.


Reporting procedures

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

Document

Who Files?

Due Date

Inventory

Conservator*

Within 90 days after the appointment.

Annual Status Report

Guardian

Within 60 days after each anniversary of the appointment.

Annual Accounting Report

Conservator*

Within 60 days after each anniversary of the appointment.

Final Accounting Report

Conservator*

Upon resignation or removal of the guardian or conservator or upon termination of the guardianship or conservatorship or transfer to another state.

* Filed by the guardian if there is no conservator.

File the documents with the court that made the appointment unless there has been a change of venue. Keep a copy of all documents that you file. You must serve a copy of the inventory, status report and accounting, along with a notice of right to object, on:

  • the protected person (if s/he is of an appropriate age and mental capacity to understand the proceedings);
  • the protected person's guardian or conservator (if the court has appointed one other than yourself);
  • the protected person's spouse, adult children, parents and siblings; and
  • anyone requesting notice under Utah Code Section 75-5-406.

Code of Judicial Administration Rule 6-501.

You may serve the documents by mail, email or hand delivery. If anyone objects to the filing or if the judge has further questions, the judicial assistant will schedule a hearing and notify you and the others. Code of Judicial Administration Rule 6-501.


Changing the due date for the annual reports

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. Code of Judicial Administration Rule 6-501. 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 next report would cover the period from August 17 to the end of the calendar year. Subsequent reports would cover the calendar year.

To request a change in the reporting period, you may use the Motion to Change Reporting Period in the section on Forms below.


Reporting a change of residence

You do not need the court's permission to move the protected person to another residence within Utah, but you must notify the court that you are doing so and provide the court with the protected person's new address. You must also notify the other interested persons. Utah Code Section 75-5-312. There are no forms to report a change in residence; a letter or email will do. Address it to the clerk of the court that appointed you. Be sure to identify the case number and the protected person's name. Send a copy to the interested persons.

You must also notify the court if you move. Rule of Civil Procedure 76 .

You do need the court's permission to move the guardianship and conservatorship to another state or to another county within Utah. For more information and forms, see our page on Transferring a guardianship or conservatorship from Utah to another state.


Reporting a change in the protected person's capacity

You must promptly inform the court of any change in the protected person's capacity that warrants an expansion or restriction of your authority. For more information, see our page on Proceedings after the Appointment of a Guardian or Conservator.


Reporting the death of the protected person; Reporting the death or incapacity of the guardian or conservator

If the protected person dies, notify the court and interested persons immediately and file a copy of the death certificate with the court. You must also notify the interested persons if you anticipate that the protected person will die. Utah Code Section 75-5-312. You should consult a lawyer about the proper procedures to end the appointment and turn over the protected person's estate. For more information, see our page on Ending a Guardianship or Conservatorship.

If the guardian or conservator dies or becomes incapacitated, someone interested in the protected person must notify the court, so the court can appoint another.


Forms

The Online Court Assistance Program (OCAP) will prepare the necessary forms for an inventory, a status report, an accounting based on answers to questions. The PDF forms can be downloaded, printed and completed by hand. Some forms may not apply in all cases.

Inventory report

Annual status report

Annual accounting report

Motion to change reporting period

  • Motion to Change Reporting Period - PDF Document PDF


Page Last Modified: 1/29/2014
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