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Management

What the Public Guardian Does Upon Appointment?

Depending on the court’s determination, the Public Guardian's office may be appointed to serve as Temporary Guardian, Guardian of Estate, Guardian of Person, or Guardian of Person and Estate. Upon appointment of guardianship, the Public Guardian identifies and inventories all of an individual's assets, and is required to document all income and expenses incurred on behalf of the individual, including the sale or liquidation of property and investments.

If an Individual Has Financial Resources:

State law requires the Public Guardian to manage those resources to help care for the person. The Public Guardian's Office is entitled under state law to seek reasonable compensation for services provided to the individual if the estate has financial resources, however, approximately eighty percent of all cases managed are pro bono. The agency submits fees for approval to the court as part of annual case accountings. The Public Guardian’s annual fee schedule is submitted to the Clark County Commission for approval each year.

General Guardianship:

In a general guardianship, annual written accountings must be provided to the court if the value of the individual's assets exceeds $10,000. An accounting must be submitted to the court when a petition is filed to terminate or transfer a guardianship.

Summary Guardianship:

In a summary guardianship, the court may dispense with annual accountings if the value of the guardianship does not exceed $10,000. An accounting must be submitted to the court when a petition is filed to terminate or transfer guardianship.

A Guardian May, Without Prior Approval of the Court, Invest the Individuals Funds in the Following:

• Federal Deposit Insurance Corporation (FDIC) or Federal Savings and Loan Insurance Corporation (FSLIC) insured savings accounts in any bank or savings and loan institution.
• Interest-bearing obligations of or fully guaranteed by the United States.
• Interest-bearing obligations of the United State Postal Services.
• Interest-bearing obligations of any county, city, or school district of this state.

A Guardian Must Seek Court Permission for the Following:

• To sell, lease, place into trust or surrender any property of the individual.
• To invest the property of the individual.
• To continue the business of the individual.
• To borrow money for the individual.
• To enter into contracts on the individuals behalf.
• To make gifts from the individuals estate or make expenditures for individuals relatives.
• To exchange or partition individuals property.
• To pay attorney’s fees.

Inventory and Accounting:

• A written inventory of the individuals assets/property must be submitted to the court. The inventory must be amended if additional assets are discovered after the initial inventory is filed. This report should be filed within 30 days of locating additional assets.
• Complete and accurate financial records must be kept including receipts for expenditures, source of receipts and purpose of disbursements.
• Annual written accountings must be provided to the court within 60 days after the anniversary date of guardianship appointment if not under Summary Administration.
• Reports may be required by the court at different intervals or at any time for a variety of reasons (status checks, summary proceedings etc.)
• Copies of all reports should be given to co-guardians, attorneys involved, the individual and those entitled to notice under state law.

Legal Duties and Responsibilities for Guardian of Person and Estate:

• Prepare a plan to address all medical, social, financial needs and revise as needed.
• Budgets should maximize benefits for an individual. Guardians should keep their personal funds completely separate from the individuals.
• Provide or arrange to supply the individual with necessities: food, clothing, shelter, incidentals. (A guardian is not required to incur expenses for the benefit of the individual except to the extent that the individuals estate will allow.)
• Examine and verify validity of all requests for payments on the individuals behalf.
• Assure that the individual is given the opportunity to be trained, educated and learn a trade if applicable.
• Meaningful visits with an individual of the person should be no less than one time per month.
• Advocate on behalf of the individual, ensure the individuals civil rights are protected whenever possible and utilize substituted judgment in decision making, which requires/encourages guardians to attempt to make decisions that the individual would make for themselves if they were competent to do so.
• Authorize/give consent for medical and dental procedures when appropriate. The guardian should utilize a decision checklist to assist with making routine decisions. The guardian may seek a second medical opinion for invasive treatments or surgeries. Court authorization is required for some procedures, including but not limited to, experimental medical treatment, sterilization, amputations and other invasive surgical procedures.
• Court permission must be sought to change the state of residence.

Legal Duties and Responsibilities for Guardian of Estate Only:

• Protect, preserve and manage all assets belonging to the individual. A plan should be prepared to address the needs of the individual.
• Budgets should be prepared to maximize benefits for the individual.
• To use the assets for the proper care, maintenance, education and support of the individual. (A guardian is not required to incur expenses for the benefit of the individual except to the extent that the individuals estate will allow.)
• Guardians must keep their personal funds completely separate from the individuals.
• Examine and verify validity of all requests for payments.
• Identify and apply for benefits as found appropriate on behalf of the individual.