GUARDIAN OF (Name): CASE NUMBER:
p. Termination of guardianship of the person - A guardianship of the person automatically ends when the
child reaches the age of 18, is adopted, marries, is emancipated by court order, enters into active military duty,
or dies. If none of these events has occurred, the child, a parent, or the guardian may petition the court for
termination of guardianship. But it must be shown that the guardianship is no longer necessary or that
termination of the guardianship is in the child's best interest.
2. GUARDIANSHIP OF THE ESTATE
If the court appoints you as guardian of the child's estate, you will have additional duties and obligations. The
money and other assets of the child are called the child's ''estate."' Appointment as guardian of a child's estate
is taken very seriously by the court. The guardian of the estate is required to manage the child's funds, collect
and make an inventory of the assets, keep accurate financial records, and regularly file financial accountings
with the court.
MANAGING THE ESTATE
Prudent investments - As guardian of the estate, you must manage the child's assets with the care of a
prudent person dealing with someone else's property. This means that you must be cautious and may not
make speculative or risky investments.
Keeping estate assets separate - As guardian of the estate, you must keep the money and property of the
child's estate separate from everyone else's, including your own. When you open a bank account for the
estate, the account name must indicate that it is a guardianship account and not your personal account. You
should use the child's social security number when opening estate accounts. You should never deposit estate
funds in your personal account or otherwise mix them with your own funds or anyone else's funds, even for
brief periods. Securities in the estate must be held in a name that shows that they are estate property and not
your personal property.
Interest-bearing accounts and other investments - Except for checking accounts intended for ordinary
expenses, you should place estate funds in interest-bearing accounts. You may deposit estate funds in
insured accounts in federally insured financial institutions, but you should not put more than $100,000 in any
single institution. You should consult with an attorney before making other kinds of investments.
d. Blocked accounts - A blocked account is an account with a financial institution in which money is placed. No
person may withdraw funds from a blocked account without the court's permission. Depending on the amount
and character of the child's property, the guardian may elect or the court may require that estate assets be
placed in a blocked account. As guardian of the estate, you must follow the directions of the court and the
procedures required to deposit funds in this type of account. The use of a blocked account is a safeguard and
may save the estate the cost of a bond.
Other restrictions - As guardian of the estate, you will have many other restrictions on your authority to deal
with estate assets. Without prior court order, you may not pay fees to yourself or your attorney. You may not
make a gift of estate assets to anyone. You may not borrow money from the estate. As guardian, you may not
use estate funds to purchase real property without a prior court order. If you do not obtain the court's
permission to spend estate funds, you may be compelled to reimburse the estate from your own personal
funds and may be removed as guardian. You should consult with an attorney concerning the legal
requirements relating to sales, leases, mortgages, and investment of estate property. If the child of whose
estate you are the guardian has a living parent or if that child receives assets or is entitled to support from
another source, you must obtain court approval before using guardianship assets for the child's support,
maintenance, or education. You must file a petition or include a request for approval in the original petition,
and set forth which exceptional circumstances justify any use of guardianship assets for the child's support.
The court will ordinarily grant such a petition for only a limited period of time, usually not to exceed one year,
and only for specific and limited purposes.
INVENTORY OF ESTATE PROPERTY
f. Locate the estate's property - As guardian of the estate, you must locate, take possession of, and protect
the child's income and assets that will be administered in the estate. You must change the ownership of all
assets into the guardianship estate's name. For real estate, you should record a copy of your Letters of
Guardianship with the county recorder in each county where the child owns real property.
GC-248 [New January 1, 2001 ]
DUTIES OF GUARDIAN
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