Fill - Free fillable Form PBCAT1 Court of Arizona CONSERVATOR’S ACCOUNT FORMS TUTORIAL PDF form

CONSERVATOR’S

ACCOUNT FORMS

TUTORIAL

This program was developed under grant number SJI-11-E-008

from the State Justice Institute. The points of view expressed

are those of the faculty and do not necessarily represent the

official position or policies of the State Justice Institute.

PBCAT1 -072017

ABOUT THE

CONSERVATOR’S ACCOUNT FORMS TUTORIAL

This tutorial contains valuable information useful to anyone serving as a court-appointed

conservator in Arizona. The responsibilities of a conservator include submitting a

variety of financial reports known as “Conservator Accounts” to the court as well as a

number of other documents and worksheets over the term of the conservatorship.

Review of this material is highly recommended and may be ordered by the judicial

officer assigned to your case, but is not part of the mandatory training required to be

completed before your Letters of Appointment can be issued by the Clerk of the Court.

You may access and complete the training free online at:

www.azcourts.gov/probate/Training.aspx

If you were specifically ordered to review the Conservatorship Account Forms

Tutorial

by the judicial officer assigned to your case, after you have completed

your review you will need to file either the Certificate of Completion available

at the end of the online version, or the Declaration of Completion form at the

back of this packet.

If you have questions about the conservator account forms, contact the

Probate Clerk at 602-506-3668.

PBCAT1 -072017

Conservator’s Account Forms Tutorial

After viewing the contents of this tutorial you will be able to

determine:

• Which forms are required of the fiduciary by the c

ou

rts

• How each form is used to report different financial information

• Where to obtain the forms, and

• How to submit the forms

Annual

Reporting

By state

statute

and Supreme Court rule, a conservator is

required

to file an

annual

report

to the court that provides

an

account of the status of the

protected

person's finances. Until recently, courts across the state have

required varying

formats for

providing

this

information.

Standardized Forms

In June 2011, the

Committee

on

Improving

Judicial Oversight and Processing

of Probate

Matters recommended

standardized conservator account forms

to bring

uniformity

and

comparability

to judicial oversight of

conservator

s

hips.

Financial

Status

These standardized forms will give the judge and other

interested

parties a

financial status of the

conservatorship;

they

allow the court to view, in one

document,

last year's account

information,

this year's account

information

and the

plan

for the coming year.

Standardized Forms Start Date

Starting on September 1, 2012, all new

conservatorship

cases are

required

to use

the standardized forms. If you

are

an existing conservator as of September 1, 2012,

you should receive an order from the court after you file your

indicating

when you will be

required

to begin using the standard

forms.

Page 1 of 13

Filing the Form

The form the conservator needs to file depends on the phase of the conservatorship. The form

technically is just a cover sheet providing information such as the case number, the name of the

conservator and protected person, and a listing of the specific documents the conservator is

required to file which comprises the conservator’s account to the court.

Page 2 of 13

Form 5: Conservatorship Estate Budget

Unless the court waives the

requirement,

every

conservator

is

required

to file the

Conservatorship

Estate Budget,

Form

5, at the

beginning

of their

appointment.

This

first budget covers only the first nine months of the

conservatorship. In

subsequent

accounts, the

conservatorship

estate budget will include a

full 12-month period.

Form 6:

First Conservator's

Account

After the

completion

of the first account

reporting period

,

the conservator will file

Form 6, the First

Conservator's

Account. This account covers the first 9 months of

the

conservatorship.

Form 7: Conservator's

Account

For the second and subsequent account

reporting

periods, the conservator will file

Form

7,

the Conservator's

Account.

The conservator will

continue

to use Form 7 until

the

conservatorship ends.

Form

8:

Final Conservator's

Account

When the

conservatorship

terminates,

the conservator will be

required

to file one

last account, known as Form 8,

the

Final Conservator's

Account.

PBCAT1 -072017

Page 3 of 13

Form

9:

Simplified Conservator's

Account

In certain

situations,

the Court may allow the conservator to use a

simplified

form,

known as Form

9

, the

Simplified

Conservator's

Account. This form does not require

as much

information

as the typical

conservator's

account, and

is

designed for

smaller estates or estates with

limited

financial

transactions.

PBCAT1 -072017

Page 4 of 13

USING PROBATE FORMS

Forms and Schedules

Even though the account forms are given a distinct form number, the actual schedules and

worksheets the conservator must complete for each account reporting period are

essentially the same. The only difference is that certain columns within each schedule

may not need to be filled out, depending on which account you are filing with the court.

The schedules are formatted so you know which columns you need to complete.

Supporting

Schedules

With

each

account,

you will be

required

to

complete

up to

three supporting

schedules.

Each

schedule

represents different

aspects of the

conservatorship.

Schedule 1: Statement of Receipts and Disbursements

The first schedule, Schedule 1:

Statement

of Receipts and

Disbursements,

summarizes

the receipts

and disbursements

of the

conservatorship.

With this schedule, you are

informing

the court what

money

came into the estate and what

money

went out

during

the account

reporting period.

Schedule 2: Statement of Net

Assets

& Reconciliation

The second

schedule,

Schedule 2:

Statement

of Net Assets &

Reconciliation, provides

the

court

a

summary

of the value of the

estate.

For this

form

you will

summarize

the

information

you

initially

provided

in the

inventory.

In

subsequent accounts,

you will be

required

to

update certain inventory

values.

Schedule 3: Statement of Sustainability of Conservatorship

The last schedule, Schedule 3: Statement of

Sustainability

of

Conservatorship

provides

information

to

the court about

how long the

protected person's

estate will last

before it

runs out of

money

to

support

the

protected person's

needs. In

other

words,

you are

indicating

to the

court whether

or not the

estate

is

sufficient

to

cover the

protected person's

expenses for the

duration

of the

conservatorship.

Sustainability

If, after calculating the estimated years of sustainability, you find the protected person’s assets do

not cover the total cost of care and services, the conservatorship is considered not sustainable. You

must report this to the court on Schedule 3, along with your management plan going forward. This

management plan must explain how you will protect and preserve the protected person’s estate

for as long as possible.

Page 5 of 13

Worksheets

As you complete the schedules, you may have information that does not fit into any of the specified

line items. If so, you need to report that information as an “other” item on the schedule. Any time you

have to report an “other” item (such as other receipts, other disbursements for the protected person,

or other

general assets), you must complete a worksheet to list the item(s). For each schedule, there is

a separate worksheet to provide this additional information.

Schedule 1 / Worksheet A

For

Schedule

1, you

would complete Worksheet

A to show

supporting detail

for any

other

receipts,

other

disbursements

for the

protected person,

or

other administrative

fees and

costs.

Schedule 2 / Worksheet B

For Schedule 2

,

you

would complete Worksheet

B if you have other general assets or

other

money denominated

assets to

report.

You

would

also use

Worksheet

B

to

list

any bills and payables more

than

30 days old, as well as any other debts owed by the

protected person.

PBCAT1 -072017

Page 6 of 13

Schedule 3 / Worksheet C

For Schedule 3, you would complete Worksheet C if there are any adjustments to the value of

net assets, or adjustments to net income, or expenses that impact the value of the estate going

forward. For example, you would enter as a positive value any new and significant assets that

you expect to come into the conservatorship in the next account reporting period, such as an

inheritance or a personal injury award. You would enter as a negative value any assets that need

to be used to satisfy any planned, one-time, significant expense such as a one-time medical cost

or a large repair to the protected person’s home.

PBCAT1 -072017

Page 7 of 13

FILING PROCEDURE

Print or Electronic

Excel and PDF

• Available to complete by hand

OR

•

Complete electronically

•

Automatically c

alculat

e

s

•

Carries information

ov

er

The forms will be available in Excel format and as fillable PDF documents. If you complete the

schedules and worksheets electronically, using either format, formulas are included to perform

the required calculations and to automatically enter some information. If you do not complete

the forms electronically, you can print either the Excel version of PDF version to complete the

form by hand.

Review Your Work

After you have completed the required schedules and worksheets, review all the

documentation to ensure you have not left out any information. Remember, if you do not

have any information to report in a certain category, enter a 0 on that line.

Sign the Conservator Certification Page

Once you have double checked your documentation, complete the form cover sheet and sign

the conservator’s certification at the bottom of the coversheet page. By signing the

certification, you are acknowledging to the court that you have read and reviewed the

accompanying schedules, worksheets and any other supporting details you are providing,

and that you have a good faith belief the information is true, accurate and complete to the

best of your knowledge.

Page 8 of 13

File the Form

You will file the

account form with

the Clerk of the

Court

or

Probate

Registrar

of the

court

that

appointed

you as

conservator.

You must also

provide

copies

of the

account

to all

interested parties.

Other Tools

For

m 10: Proof of Restricted Account

With each account, you will be

required

to provide other

documentation

in

addition

to the

required

schedules

and

worksheets.

For example, a Form 10 may also be

required

if the court orders a

restriction

on the use of the

protected

person's bank

account or accounts. Form 10 is known as the Proof of Restricted Account

form. This is

a mandatory form that must follow the format prescribed by the Arizona

Supreme Court.

Page 9 of 13

Inventory

When

you file Form 5 (the Conservator’s Estate Budget) you will need to also file an

Inventory.

Page 10 of 13

Statement of Asset Distribution

When you file your

final

account, Form 8, you will need to file a Statement of

Asset Distribution.

Tr

ansaction Log

Once the court issues your letters of conservatorship you should begin recording receipts and

disbursements (income and spending). A good practice for doing this is to use a Transaction

Log. Additionally, a new transaction log should be started for each account reporting period the

day following the prior account reporting’s closing. This will also make completing Schedule 1

much easier if you already have the transaction information documented. The form and format

shown below is optional. A report printed from financial software or even a legible copy of a

detailed check register that provides the same information may also be acceptable.

Page 11 of 13

Filin

g an Amended Budget

There may also be occasions when you will have to file an amended budget. The Rules of

Probate Procedure require that a conservator file an amended budget within 30 days of

projecting that any expense for any budget category will exceed 10

percent

or $2,000 of

the

original budgeted

amount,

whichever

is

greater

.

While these documents are required to be filed with the court, their format is not

mandated. However, for your convenience there are optional forms provided for these

reports on the Judicial Branch website at www.azcourts.gov/probate.

Page 12 of 13

Important Reminders

Here are some good practices to keep in mind during your Conservatorship.

Keep Your Records - As conservator, you must maintain accurate and complete records of the

financial activity for the protected person. It is important to save copies of all the forms,

schedules and other required documentation you file with the court. You may need to refer to

this information later if the court has a question about the information you provided, and you

will need to use most of the information again in future accounts.

Remember Confidentiality. Except for

the form coversheet, please remember

that all other account documentation is

considered confidential and not available

for public inspection. When filing

confidential documents, place the original

document in an envelope that bears the

case name and number, the name of the

document being filed, the name of the

party filing the document, and the label

“Confidential Document.”

Refer to Instructions - If this is your first time serving as a conservator

,

we

understand there

is a lot

of

information

you have

to familiarize yourself with. Remember

to refer to

your

instructions when

completing

the

account forms.

You may also find

it helpful

to

review

the

definitions contained

in the

first

section

of your

instruction booklet.

Probate

Website

In addition to the instructions on the probate website at

www.azcourts.gov/probate,

you

will

find

additional useful information to

assist you in

learning more about

your role

and responsibilities as conservator

. From

this site you can select the specific

form

you need

to

complete,

along

with

the

instructions associated

with

that

particular form.

Thank you for viewing this information. The welfare of the protected person is of utmost

importance to the court. Please remember to view the page on the Judicial Branch website

devoted to Probate for additional information and

resources.

Page 13 of 13

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Licensed Fiduciary Number: ____________________________________

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

In the Matter of the Estate of:

Case Number PB:

DECLARATION OF COMPLETION

OF TRAINING for

A Deceased or Protected Person

NON-LICENSED FIDUCIARIES

Rule 27.1 of the Arizona Rules of Probate Procedure requires that a person to be appointed guardian,

conservator, or personal representative of an estate, who is neither a state-licensed fiduciary nor a

corporation, complete a training program approved by the Supreme Court of this state before permanent

Letters of Appointment are issued, or within 30 days of a temporary or emergency appointment.

UNDER PENALTY OF PERJURY

I state to the Court that in accord with Rule 27.1 of the Arizona Rules of Probate Procedure,

I have completed the required training for non-licensed, non-corporate fiduciaries, as

indicated below: (Check all that apply and provide applicable information.)

Unlicensed Fiduciary

Date completed:

Conservatorship

Date completed:

Personal Representative

Date completed:

Guardianship

Date completed:

Date:

Signature

Printed Name

FOR CLERK’S USE ONLY

INSTRUCTIONS: Fill out this Declaration completely and provide accurate information. Make at least

one copy. You will need to file the original with the Clerk of Court and provide a copy to the Probate

Registrar before receiving any permanent letters of appointment.

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