Print Version
Previous PageFile uploaded: 10/30/2015

Rule 6-501. Reporting requirements for guardians and conservators.

Intent:

To establish therequirements sufficient to satisfy the Utah Uniform Probate Code.

Applicability:

This rule applies toguardians and conservators with the following exceptions:

This rule does not applyif the guardian or conservator is the parent of the ward.

Paragraph (1) does notapply to the guardian of a minor if the guardianship is limited to the purposeof attending school.

Paragraph (1) does notapply to a conservator licensed under the Title 7, Chapter 5, Trust Business,to a guardian licensed under ?75-5-311(1)(a), or to the Office of PublicGuardian.

Paragraphs (6)(A), (6)(B) and (6)(C) do not apply to the guardian of aminor if the guardianship is limited to the purpose of attending school. Aperson interested in the minor may request a report under Utah Code Section75-5-209.

Paragraph (6)(D) does not apply to the guardian of a minor if theminor?s estate is deposited in an account requiring judicial approval forwithdrawal or if there is no estate. A person interested in the minor mayrequest an accounting under Utah Code Section 75-5-209.

Statement of the Rule:

(1)(A) Before the court entersan order appointing a guardian or conservator, the guardian or conservator shallfile a verified statement showing satisfactory completion of a court-approvedexamination on the responsibilities of a guardian or conservator.

(1)(B) After the courtenters the order of appointment, the guardian or conservator shall file within7 days a completed and verified Private Information Record form provided by theAdministrative Office of the Courts. The guardian or conservator shall continueto keep the court apprised of any changes to theguardian or conservator?s contact information.

(2) The guardian shallkeep contemporaneous records of significant events in the life of the ward andproduce them if requested by the court. The conservator shall keepcontemporaneous receipts, vouchers or other evidence of income and expenses andproduce them if requested by the court. The guardian and conservator shallmaintain the records until the appointment is terminated and then deliver themto the ward, if there is no successor, to the successor guardian orconservator, or to the personal representative of the ward?s estate.

(3) Definitions.

(3)(A) ?Accounting?means the annual accounting required by Utah Code Section 75-5-312 and Section75-5-417 and the final accounting required by Utah Code Section 75-5-419.

(3)(B) ?Interestedpersons? means the ward, if he or she is of an appropriate age and mentalcapacity to understand the proceedings, the ward?s guardian and conservator,the ward?s spouse, adult children, parents and siblings and anyone requestingnotice under Utah Code Section 75-5-406. If no person is an interested person,then interested person includes at least one of the ward?s closest adultrelatives, if any can be found.

(3)(C) ?Inventory? meansthe inventory required by Utah Code Section 75-5-418.

(3)(D) ?Serve? means anymanner of service permitted by Utah Rule of Civil Procedure 5.

(3)(E) ?Report? meansthe annual report on the status of the ward required by Utah Code Section75-5-209 and Section 75-5-312.

(3)(F) ?Ward? means aminor or an incapacitated person for whom the court appoints a guardian or aprotected person for whom the court appoints a conservator.

(4) Subject to therequirements of Paragraph (5):

(4)(A) formssubstantially conforming to the forms produced by the Utah court website areacceptable for content and format for the report and accounting filed under theUtah Uniform Probate Code;

(4)(B) a corporate fiduciary may file its internal report oraccounting; and

(4)(C) if the ward's estate is limited to a federal or stateprogram requiring an annual accounting, the fiduciary may file a copy of thataccounting.

(5) The report,inventory and accounting shall contain sufficient information to put interestedpersons on notice of all significant events and transactions during thereporting period. Compliance with Paragraph (4) is presumed sufficient, but thecourt may direct that a report or accounting be prepared with content andformat as it deems necessary.

(6)(A) The guardianshall file with the appointing court a report on the status of the ward no laterthan 60 days after the anniversary of the appointment. The guardian shall filethe report with the court that appointed the guardian unless that court ordersa change in venue under Utah Code Section 75-5-313. The reporting period isyearly from the appointment date unless the court changes the reporting periodon motion of the guardian. The guardian may not file the report before theclose of the reporting period. For good cause the court may extend the time forfiling the report, but a late filing does not change the reporting period.

(6)(B) The guardianshall serve a copy of the report on all interested persons with notice that theperson may object within 30 days after the notice was served.

(6)(C) If an interestedperson objects, the person shall specify in writing the entries to which theperson objects and state the reasons for the objection. The person shall filethe objection with the court and serve a copy on all interested persons. If anobjection is filed, the judge shall conduct a hearing. The judge may conduct ahearing even though no objection is filed. If the judge finds that the reportis in order, the judge shall approve it.

(6)(D) If there is noconservator, the guardian shall file the inventory and accounting required of aconservator.

(7)(A) Within 90 daysafter the appointment, the conservator shall file with the appointing court theinventory required by Utah Code Section 75-5-418. For good cause the court mayextend the time for filing the inventory.

(7)(B) The conservatorshall serve a copy of the inventory on all interested persons with notice thatthe person may object within 30 days after the notice was served.

(7)(C) If an interestedperson objects, the person shall specify in writing the entries to which theperson objects and state the reasons for the objection. The person shall filethe objection with the court and serve a copy on all interested persons. If anobjection is filed, the judge shall conduct a hearing. The judge may conduct ahearing even though no objection is filed. If the judge finds that theinventory is in order, the judge shall approve it.

(8)(A) The conservatorshall file with the appointing court an accounting of the estate of the ward nolater than 60 days after the anniversary of the appointment. The conservatorshall file the accounting with the court that appointed the conservator unlessthat court orders a change in venue under Utah Code Section 75-5-403. Thereporting period is yearly from the appointment date unless the court changesthe reporting period on motion of the conservator. The conservator may not filethe accounting before the close of the reporting period. For good cause thecourt may extend the time for filing the accounting, but a late filing does notchange the reporting period.

(8)(B) The conservatorshall serve a copy of the accounting on all interested persons with notice thatthe person may object within 30 days after the notice was served.

(8)(C) If an interestedperson objects, the person shall specify in writing the entries to which theperson objects and state the reasons for the objection. The person shall filethe objection with the court and serve a copy on all interested persons. If anobjection is filed, the judge shall conduct a hearing. The judge may conduct ahearing even though no objection is filed. If the judge finds that theaccounting is in order, the judge shall approve it.

(9)(A) The conservatorshall file with the court a final accounting of the estate of the ward with themotion to terminate the appointment.

(9)(B) The conservatorshall serve a copy of the accounting on all interested persons with notice thatthe person may object within 30 days after the notice was served.

(9)(C) If an interestedperson objects, the person shall specify in writing the entries to which theperson objects and state the reasons for the objection. The person shall filethe objection with the court and serve a copy on all interested persons. If anobjection is filed, the judge shall conduct a hearing. The judge may conduct ahearing even though no objection is filed. If the judge finds that theaccounting is in order, the judge shall approve it.