Accounting by guardian; notice; hearing
Sec. 10. (a) Every guardian who has received or shall receive
money or other things of value from the Department shall file with
the court biennially within thirty (30) days following the anniversary
date of the appointment, in addition to other accounts as required by
the court, a full, true, and accurate account under oath of all money
or other things of value received by the guardian, all earnings,
interest, or profits derived from the estate, all property acquired with
the estate and of all disbursements from the estate, and showing the
balance at the date of the account and how it was invested.
(b) The guardian, at the time of filing any account, shall exhibit
all securities or investments held by the guardian to an officer of the
bank or other depository wherein the securities or investments are
held for safekeeping or to an authorized representative of the
corporation which is surety on the guardian's bond, or to the judge or
clerk of a court in this state, or, upon request of the guardian or other
interested party, to any other reputable person designated by the
court, who shall certify in writing that the person has examined the
securities or investments and identified them with those described in
the account, and shall note any omissions or discrepancies. If the
depository is the guardian, the certifying officer shall not be the
officer verifying the account. The guardian may exhibit the securities
or investments to the judge of the court, who shall endorse on the
account and the copy of the account a certificate that the securities
or investments shown as held by the guardian were each in fact
exhibited to the judge and that those exhibited were the same as
those shown in the account, and noting any omission or discrepancy.
That certificate and the certificate of an official of the bank in which
are deposited any funds for which the guardian is accountable,
showing the amount on deposit, shall be prepared and signed in
duplicate, and one (1) of each shall be filed by the guardian with the
account.
(c) At the time of filing in the court any account, a certified copy
of the account and a signed duplicate of each certificate filed with
the court shall be sent by the guardian to the office of the Department
having jurisdiction over the area in which the court is located. A
signed duplicate or a certified copy of a petition, motion, or other
pleading, pertaining to an account, or to any matter other than an
account, and which is filed in the guardianship proceedings or in any
proceeding for the recognition that an individual is no longer a minor
or an incapacitated person shall be furnished by the person filing the
petition, motion, or pleading to the proper office of the Department.
Unless hearing is waived in writing by the attorney of the
Department, and by all other persons entitled to notice, the court
shall fix a time and place for the hearing on the account, petition,
motion, or other pleading not less than fifteen (15) days nor more
than thirty (30) days from the date filed, unless a different available
date is stipulated in writing. Unless waived in writing, written notice
of the time and place of hearing shall be given the Department office
concerned, the guardian, and any others entitled to notice not less
than fifteen (15) days prior to the date fixed for the hearing. The
notice may be given by mail, in which event it shall be deposited in
the mail not less than fifteen (15) days prior to the date specified.
The court, or clerk of the court, shall mail to the Department office
a copy of each order entered in any guardianship proceeding in
which the administrator is an interested party.
(d) If the guardian is accountable for property derived from
sources other than the Department, the guardian shall be accountable
as required under the applicable law of this state pertaining to the
property of minors or incapacitated persons who are not beneficiaries
of the Department, and the guardian is entitled to the compensation
provided by law for administering the other property. The account
for other property may be combined with the account filed in
accordance with this section.
(Formerly: Acts 1953, c.112, s.2010; Acts 1971, P.L.413, SEC.2.) As
amended by P.L.33-1989, SEC.47.
Last modified: May 27, 2006