Search

Requirements for Guardians of a Minor

Becoming and acting as a guardian, like becoming and acting as any guard (including the queen’s guard), comes with certain, unavoidable requirements. In this post, we are discussing some of the things required of a person in order to be appointed as a guardian to a minor.

This post is limited in scope to discussing those tests and reports required by the Utah Courts. We discuss guardians' more general, daily duties in other posts.


Pre-Appointment Test


If you are interested in becoming a guardian, the first thing you need to do is teach yourself about the responsibilities you will have. In order to do that, use the following link to access the Utah Courts’ Basic Guidelines for Court-Appointed Guardians and Conservators. https://www.utcourts.gov/howto/seniors/BasicGuidelines-2007.pdf


Next, under Utah Rule of Judicial Administration 6-501, before a person can be appointed as a guardian, they must take a test regarding their authorities and responsibilities as a guardian. The test isn’t meant to prevent people from becoming guardians, or screen someone out of their role. It is mean to ensure that the would-be guardian understand all of their responsibilities, and reinforce the importance of those roles.


After the test is completed, a Certificate of Completion must be filed with the court. For more information and forms. For more information, visit: https://www.utcourts.gov/howto/seniors/g_and_c.asp.


Reporting Requirements


A newly-appointed guardian must file three reports with the courts:

  1. Inventory Report

  2. Annual Status Report and Financial Accounting Report

  3. Final Accounting Report

Inventory


An inventory report with the court within 90 days of being appointed, which must then be served on all interested parties. Interested parties include:

  • The minor, if they are 14 or older;

  • The person with principal care of the minor;

  • Any living parent of the minor;

  • The school district in which the minor resides

The report must include an inventory of the Minor’s estate, any financial assets, personal property, real property, business interests, debts, credit cards, and a notice of right to object. Click here for a Checklist for Inventory of Minor’s Estate and Schedules.


Annual Status Report and Financial Accounting Report


The Annual Status Report and Financial Accounting Report must both be filed within 60 days of each anniversary of the appointment of the guardian. They must be served to all interested parties. The Financial Accounting Report must include an accounting of the Minor’s estate, financial assets, personal property, real property, business interests, debts, credit cards, and a notice of right to object. Click here for a Checklist for Financial Accounting Forms.


To review the form required for the Annual Status Report, click here.


An Objection to Annual Status Report and/or Financial Accounting Report may be filed within 30 days after the reports and notice of right to object are served.


Final Accounting Report


If a guardianship is terminated, the guardian must file a Final Accounting Report with the court upon resignation or removal of the guardianship, or upon termination of the guardianship. It too must include an accounting of the Minor’s estate, financial assets, , personal property, real property, business interests, debts, credit cards, and a notice of right to object.


Becoming a guardian to a minor can be a life-changing decision. It can enrich the life of both the guardian and the ward. We understand that it can feel overwhelming to try and keep track of all of the requirements that come with becoming a guardian. Let us help you sort them all out. Contact us today to set up a free consultation.