After the Hearing
After the guardianship has been approved by the judge, there are several more forms that the guardians must make sure are filed with the court. Some forms are required immediately, and some will be filed in the future throughout the life of the guardianship case. Read on for information about what must be filed and when.
Congratulations! The court has appointed you the guardian! You are done filing things at the court now, right? Not quite . . .
Guardians are required to file a few more forms right after being appointed to wrap up the initial guardianship case, and then must file more forms periodically with the court. The forms you will need and the deadlines to file them depend on whether you were appointed guardian over the person, guardian over the estate, or both. The complete list of forms and deadlines is below:
The forms on this page are all of the regularly required forms for guardianship cases. You may need to request court permission to do something on behalf of the protected person in the future, such as move out of Nevada, access funds, or sell property. For information and forms on how to get the court's approval for future actions, please visit Getting Additional Court Orders.
The following forms are usually created by the judge at the guardianship hearing and filed immediately. If the judge does not prepare the forms, you must prepare them and make sure they are filed. These forms apply to all types of guardianship.
For Non-Nevada Guardians:
Nonresident guardians must appoint a "registered agent" in the State of Nevada to accept service of legal documents. The court may appoint you a "temporary guardian" until a registered agent is appointed.
Non-Nevada guardians must select a registered agent and complete the "Appointment of Registered Agent by Court-Appointed Nonresident Guardian of Adult" form located on the Secretary of State's website. The form should be mailed back to the Nevada Secretary of State. The court cannot appoint a nonresident as a permanent guardian until this form has been properly filed with the Secretary of State.
Guardian's Acknowledgment of Duties
Guardians have many responsibilities. Once appointed, each guardian must complete a form acknowledging all of the duties and responsibilities they are accepting. This is explained more fully on the Powers and Duties of a Guardian page.
Download the following form and initial every line that applies to the kind of guardianship you were granted to let the court know you understand the responsibilities you are accepting. Each guardian must complete a separate form. File this form with the Clerk's Office.
The Order Appointing Guardian
This is the order the judge signs when you are appointed the guardian. The judge usually creates this form and signs it in court. If not, you will have to complete this form and turn it in on the 3rd floor of family court.
Notice of Entry of Order Appointing Guardian
After you are appointed the guardian, you must send a copy of the Order Appointing Guardian to all of the same people you had to notify of the original proceedings. Fill out this form, attach a copy of the Order Appointing Guardian, and file it with the Clerk's Office. After you file the form, mail a copy to every relative and agency you served before.
Letters of Guardianship
The letters of guardianship are the proof that you have the power to act as guardian. You have no legal authority to act as guardian until the letters of guardianship are issued! This is the proof you will need to show to anyone who needs to verify that you have the power to act on behalf of the protected person.
At the hearing, the judge probably swore you in and had you take an "Oath of Guardian." If so, you should already have your letters of guardianship.
If not, each guardian must complete a separate form. Complete as much of the form as you can, but do not sign the second page. Bring the form to the courthouse and ask to see the Issuing Clerk. The Issuing Clerk will administer the Oath of Guardian, have you sign the form, and will then stamp and file the form.
If you were appointed the guardian over the protected person's estate and the judge required you to establish a "blocked account," the Issuing Clerk cannot approve the letters of guardianship until proof of the blocked account is filed. See the information below for Guardians Over the Estate for more information about this.
Forms Due Every Year:
Report of the Guardian. The guardian must file a yearly report letting the court know how the protected person is doing. This form must be completed and filed every year.
The Consumer Financial Protection Bureau created the following guide for guardians over the estate in both English and Spanish. These guides explain the basic duties of guardians over the estate.
You must complete the following forms by the deadlines given:
Forms Due Immediately:
Proof of Blocked Account. A blocked account may be ordered to safeguard the protected person's assets. Once blocked, money cannot be withdrawn from the account without a court order (find out how to get a court order later by visiting Getting Additional Court Orders).
Check the Order Appointing Guardian to find out if the judge ordered the protected person's funds to be placed into a "blocked account" at a financial institution. If the judge ordered a blocked account, you must go to the financial institution, ask them to block the account, and have an officer at the financial institution complete the "Proof of Blocked Account." Once complete, file it with the court.
Forms Due Within 60 Days of Appointment:
Inventory, Appraisal, and Record of Value. The guardian must provide the court with an inventory of all the protected person's assets. The inventory includes a list of all the property, money, and any other assets belonging to the protected person. The judge may order an appraisal in some cases. If so, an appraiser, CPA, or expert in valuations must complete the form. Once completed, this form must be signed in front of a notary and filed with the court.
Monthly Budget. The judge may have ordered the guardian to prepare a monthly budget showing the monthly income and expenses of the protected person.
If the court required the protected person's funds to be held in a "blocked account," the guardian will need court permission to access those accounts and pay the expenses in the budget. If so, you can download the packet below and follow all instructions to ask court permission to access the account.
Forms Due Every Year:
Accounting. Check the Order Appointing Guardian to find out if the court is requiring the guardian to file regular accountings. If so, the guardian must provide the court with an accounting of the protected person's assets, income, and expenses every year. A hearing is required for this so the judge can approve the annual accounting.
If the estate is worth less than $10,000, you can ask the court to waive the annual accounting requirement. To do this, you must complete an inventory showing the estate value, and then complete the forms and follow the instructions in the Petition to Convert to Summary Administration (pdf).
All of the forms needed to file the accounting, set a hearing, serve the relatives, and have the judge sign an order approving the accounting are included in the following packet. Please download the packet and follow all of the included instructions.
If you need extra time to file your annual accounting, you can file paperwork asking the court for an extension. Download the Request to Extend Time to File Accounting Packet (pdf) and complete all three included forms. File the first form (the petition) at the court, and submit the second form (the order) to the Guardianship department for consideration. If approved, you must send a copy of the order to all required persons, then file the third form (the notice of entry of order) as proof.