Frequently Asked Questions
- Guardianship Questions
- Reports & General Information
- Initial Reports
- Annual Reports
- Simplified Accountings
Why do I need an attorney?
- Florida Probate Rule 5.030 requires that every guardian must be represented by an attorney admitted to practice in Florida unless the guardian is an attorney admitted to practice in Florida.
Who may be appointed Guardian?
- Any Florida resident who is 18 years of age or older or any nonresident of Florida that is (a) related by lineal consanguinity to the ward (b) a legally adopted child of the ward or adoptive parent of the ward (c) A spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone related by lineal consanguinity to any such person or (d) the spouse of a person other wise qualified.
Who may not be appointed Guardian?
- Anyone who has been convicted of a felony; has been judicially determined to have committed abuse, abandonment, or neglect against a child; or has been found guilty of any offense prohibited under Fla. Stat. § 435.03. Anyone who is incapable of performing the duties of a guardian due to incapacity or illness, or who is otherwise unsuitable.
What needs to be filed to open a guardianship?
- The following forms are required to open a guardianship file:
- Petition to determine incapacity
- Petition for Appointment of guardian
- Application of guardian
- Investigatory Package (refer to question below regarding background investigation)
- Minor guardianships in which parents are petitioning for guardianship are to be filed for the property only and if the net proceeds of the guardian’s estate are $15,000.00 or more. F.S. 744.387
- Please contact the section judge’s judicial assistant for direction on whether a hearing on a minor guardianship is necessary.
Why must I be investigated every year?
- The 6th Judicial Circuit investigates guardians at least once a year as part of the Court's responsibility in ensuring that the best interests of the wards are being met.
What is required to be filed for my background investigation?
The Court conducts a federal and state criminal background investigation, a credit check (for proposed guardians of the property) and a Department of Children and Families abuse/neglect/exploitation investigation.
- 1. Nonprofessional Guardians being investigated for the first time must file the following:
- Checklist
- Completed fingerprint card (white with blue lettering) along with a $47.00 processing fee, check made payable to the FDLE, and is paid by the Guardian, not the ward's estate. Please PRINT and complete each box.
- A signed Department of Children and Families release form
- An investigation fee of $27.50 is due initially for professional and non-professional guardians. An investigation fee of $7.50 is due annually for professional guardians by January 31 of each year. The check is made payable to the Clerk of the Court and is mailed to
Clerk of the Court
Probate Guardianship Division
315 Court St., Rm. 106
Clearwater, FL 33756
- The fee is paid by the Guardian, not from the ward's assets. Please note on the check that the payment is the investigation fee and include the guardianship case number.
- 2. Nonprofessional Guardians filing for their annual reinvestigation must file the following:
- Checklist
- A signed Department of Children and Families release form
- An investigation fee of $27.50 is due initially for professional and non-professional guardians. An investigation fee of $7.50 is due annually for professional guardians by January 31 of each year. The check is made payable to the Clerk of the Court and is mailed to
Clerk of the Court
Probate Guardianship Division
315 Court St., Rm. 106
Clearwater, FL 33756
- The fee is paid by the Guardian, not from the ward's assets. Please note on the check that the payment is the investigation fee and include the guardianship case number.
- 3. Professional Guardians filing for the first time must file the following:
- Checklist
- Completed fingerprint card (white with blue lettering) along with a $47.00 processing fee, check made payable to the FDLE. Please PRINT and complete each box.
- $7.50 Clerk's Office Processing Fee
- A signed Department of Children and Families release form
- An investigation fee of $27.50 is due initially for professional and non-professional guardians. An investigation fee of $7.50 is due annually for professional guardians by January 31 of each year. The check is made payable to the Clerk of the Court and is mailed to
Clerk of the Court
Probate Guardianship Division
315 Court St., Rm. 106
Clearwater, FL 33756
- The fee is paid by the Guardian, not from the ward's assets. Please note on the check that the payment is the investigation fee and include the guardianship case number.
- 4. Professional Guardians filing annually must file:
- Checklist
- Checklist Additional appointments during calendar year.
- A signed Department of Children and Families release form
- An investigation fee of $27.50 is due initially for professional and non-professional guardians. An investigation fee of $7.50 is due annually for professional guardians by January 31 of each year. The check is made payable to the Clerk of the Court and is mailed to
Clerk of the Court
Probate Guardianship Division
315 Court St., Rm. 106
Clearwater, FL 33756
- The fee is paid by the Guardian, not from the ward's assets. Please note on the check that the payment is the investigation fee and include the guardianship case number.
- Credit Report Information: Floridians are able to receive one free copy of their credit report per year through the Annual Credit Report web site.
Where can I get an Application for Appointment?
- The Application for Appointment is a Florida Bar Form and can be provided by your attorney
Where can I get a copy of the Department of Children and Families Release form and checklist?
- The forms are available for downloading below;
- A signed Department of Children and Families release form
Or you may wish to pick up a hard copy from the Pinellas County Law Library, located at
- Pinellas County Law Library
Old Historic Courthouse
324 South Ft. Harrison Avenue
Clearwater, FL 33756
Phone (727) 464-3411
Fax (727) 464-4571
Where can I get fingerprinted?
- Fingerprint cards are available at the Clerk’s office in the probate department. Use the white card with the blue lettering and complete all the information on the card. Fingerprints can be taken at Sheriff’s Office. A check for $47.00 made payable to FDLE must accompany the fingerprint card. Please do not use a highlighter on the card. Use only black ink to complete the form.
When must I be reinvestigated?
Professional guardians are investigated annually.
- Professional guardians must register with SPGO annually, and SPGO conducts a criminal background investigation for every application for registration.
- Fla. Admin. Code Rule 58M-2.001(2): “An applicant required to register with SPGO as a professional guardian must complete the Professional Guardian Registration Form, DOEA/SPGO Form 001, with all requested information.”
- Fla. Admin. Code Rule 58M-2.001(5): “The following items must either accompany the form or must be on file with SPGO for the application to be deemed complete...(b) Criminal history for guardians.”
- Fla. Admin. Code Rule 58M-2.001(6): “An applicant required to register with SPGO as a professional guardian must submit the Professional Guardian Registration Form to SPGO with the registration fee annually.”
- Nonprofessional guardians are investigated annually.
- Admin. Order No. 2006-079 PA/PI-CIR, section 1: “The Administrative Office of the Courts, Probate and Guardianship Division, shall publish procedures for investigations that will be conducted when a Petition for Appointment is filed and periodically thereafter.”
- Administrative Office of the Courts, Probate and Guardianship Division procedures require nonprofessional guardians to be investigated annually.
- For Professional guardians reinvestigation fees are due by January 31 of each year.
- For Nonprofessional guardians, reinvestigation fees are due at the time of the filing of your annual report.
I received Letters of Guardianship, now what are my responsibilities?
- As not all guardianships have the same requirements, your attorney should provide you with all of your specific duties. In general you may have to file an initial inventory and initial plan. Annually you may be required to file annual accountings and annual plans as well as submit to annual reinvestigations. If you are a nonprofessional guardian, you may also be required to attend the 8-hour guardianship course that will provide you with much of the information necessary to fulfill your fiduciary obligation. Also, a Guardianship Basic Handbook is available at the Statewide Public Guardianship Office website and the Ethics Project is a living document funded by a grant which addresses ethical issues for guardians.
Where and when can I take the 8-hour guardianship course?
- The 8-hour guardianship course is designed to provide nonprofessional guardians with the information necessary to ensure their ward's best interest are being met. Currently, this course if offered through St. Petersburg College. You can contact Lifelong Learning at (727) 341-3185 or log on to their website at www.spjc.edu, keyword, Lifelong Learning. Please note, this is not the 48-hour class required to be a professional guardian.
Where can I take the 48-hour class required to be a professional guardian?
- Currently, the 48-hour course is available through the St. Petersburg College. You can contact Lifelong Learning at (727) 341-3185 or log on to their website at www.spjc.edu , keyword, Lifelong Learning.
Who is responsible for the payment of Examining Committee Members, Filing Fee and Court Appointed Attorney Costs?
- Guardians of non-indigent wards must pay the fees of the examining committee and any court-appointed attorney out of the ward’s property. If the ward is indigent, the state pays these fees.
- If you are not reimbursing the State of Florida for fees previously paid, pay the costs directly to the examining committee members and the court appointed attorney. Costs of filing fees are made payable to the Clerk of the Court and forwarded to:
- Ken Burke Clerk of the Court, 315 Court Street Clearwater, FL 33756
- Please list the court file number on the check.
- If the State of Florida has paid for the costs of the examining committee and/or filing fee costs and/or court appointed attorney fees and assets of the ward are later discovered or accumulated, please refer to Administrative Order 2009-037 for reimbursement procedures.
Payment of Examining Member, Filing Fee and Court Appointed Attorney Costs?
- The guardian of the property will be ordered to either pay the costs of the examining committee and/or filing fee costs and/or court appointed attorney fees.
- If you are not reimbursing the State of Florida for fees previously paid, pay the costs directly to the examining committee members and the court appointed attorney. Costs of filing fees are made payable to the Clerk of the Court and forwarded to
- Ken Burke Clerk of the Court, 315 Court Street Clearwater, FL 33756
- Please list the court file number on the check.
- If the State of Florida has paid for the costs of the examining committee and/or filing fee costs and/or court appointed attorney fees and assets of the ward are later discovered or accumulated, please refer to Administrative Order 2009-037 for reimbursement procedures.
Am I required to file my reports on certain forms?
- Yes. Administrative order PA/PI-CIR-0059 directs the guardian to file on court-approved forms.
Where can I get the court-approved forms?
- These forms are available online. Hard copies of these forms are available in the law library located in the courthouses. However, you are encouraged to use the software. Calculations are performed within the software and can save time when creating the reports.
Can I close out a guardianship if my ward has died or turned 18 even though I am non-compliant in some old filing?
- No. A case must be in compliance with the statutes for an Order of Discharge to be considered by the Judge.
Reports & General Information:
What is the Guardianship Inception Date?
- The Guardianship Inception Date is the date the Letters are signed by a Judge appointing an individual guardian to act on behalf of a minor child or someone declared incapacitated.
Am I required to file a certificate of service in addition to the forms?
- Yes. Florida Probate Rule 5.041 requires that notice be sent by certificate of service. Section 6 provides the language needed for the certificate of service. FS 744.362(1) and FS 744.367(3) require that the initial report be "served on the ward, unless the ward is a minor under the age of 14 years or is totally incapacitated, and the attorney of the ward."
How do I determine if my bond amount is sufficient for the guardianship?
- A guardian must file a bond in an amount not less than the amount of all liquid and negotiable assets owned by the ward. This includes, but is not limited to, all cash, stocks, bonds, and personal property owned by the ward. If the court determines that the size of the bond required of the guardian is burdensome, it may order all or some of the ward’s liquid or negotiable assets to be frozen and deposited in a designated financial institution.
Which forms must I file?
- Please consult your attorney regarding your duty as a guardian and the forms you are required to file.
- The guardianship software won't download from the Internet site to my computer or I can't get the link to the Broward County web site. What do I do?
- You must have the second edition (SE) of Windows 98 or higher. To check which Windows version you have installed on your computer, click on My Computer, click on Help in the tool bar and click on About Windows. You must have Windows 98 SE or second edition.
I have downloaded several versions of the guardianship program software. Which one is the latest?
- As of October 1, 2001 you should have Version 1.34.
Can I purchase the guardianship software on a floppy disk or CD?
- Floppy disks are not available due to the size of the program, however you may purchase a CD with the software program from Kathy at the Broward County Library at 954-831-6226.
I cannot see the entire form on my monitor when I start the Guardianship Reports program.
- You must set your monitor to the industry standard of 800 x 600 pixels. To do this, right click on your desktop screen, go to properties, then settings. Change your settings by moving the arrow to 800 x 600.
Where can I get answers to questions about preparing the annual accounting, initial inventory, annual plan or initial inventory?
- In Broward County you may call the guardianship audit division at 954/831-5512. In Pinellas or Pasco call 727/582-7276.
How do I save my work?
- To save your work, you must go into the report that you want to prepare and then you will see a save button on the top of the screen. There is no save button in the information worksheet.
When I save the file, a screen appears (Validation Screen), that says "THE FOLLOWING DATA FIELDS ARE MISSING OR ARE INCORRECT", what does this mean?
- That is a validation screen to remind you that you have not filled out those fields. The program is saving your work.
Where do I get information for the Uniform Case Number?
Contact your Clerk of the Court Probate division.
For the 6th Judicial Circuit
Designator | 51 Pasco | 52 Pinellas |
Court Type | CP Pasco | GA Pinellas |
Sequential Number | Case number | Case number |
Division | Probate | Probate |
The County Designator and Court Type are drop down menus in the software.
County Designator:
County Designator: | Select the county where you file. |
Year Designator: | The year the case was opened |
Court Type: | CP or GA |
Sequential Number: | This number is the case number. |
Party/Defendant Identifier: | If not assigned by the Clerk, leave blank. |
Branch Location: | If not assigned by the Clerk, leave blank. |
OPERATING INSTRUCTIONS
PLEASE PRINT THESE INSTRUCTIONS FIRST
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COMPUTER SYSTEM MINIMUM REQUIREMENTS:
- 1. Second Edition of Windows 98, NT, Windows 2000, ME and XP and a Pentium class computer or better.
- 2. Screen resolution settings for this program are 800 x 600 pixels. If you're settings are 640 x 480, you will not be able to see the entire screen.
- 3. This program will NOT run on Macintosh unless you have a Windows emulator.
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RECOMMENDATION:
- After you install the Guardianship Reports program, a directory will be created on your hard drive under Program Files:
- Example: C:\Program Files\Guardianship Reports\
- then create a descriptive directory under Guardianship Reports for clients through Windows Explorer.
- Example: C:\Program Files\Guardianship Reports\Smith
- In windows 98 or later you can create a new folder from the Save function on this program.
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STARTING THE PROGRAM:
Run the program from the "start button" on the bottom of Windows then "Programs" then "Guardianship Reports".
When you open the program you will have a blue opening screen. There will be six items:
1. Information Worksheet
2. Initial Plan
3. Initial Inventory
4. Annual Plan
5. Annual Accounting
6. Simplified Annual Accounting
- Each of these six items are links to the reports, click on these items to access the reports.
- You may also access reports from the "FORMS" link in the header on the Opening Screen. The F10 key will always take you to the header to navigate from the keyboard.
- IF YOU WANT TO ENTER DATA IN THE PROGRAM WITHOUT USING THE MOUSE, THE F10 KEY WILL OPERATE THE MENU AT THE HEADER AND THE F3 KEY WILL FORMAT DATE FIELDS SO YOU CAN ENTER NUMBERS FROM THE KEYBOARD.
- Only use the program for one report at a time. Save the report with a specific name under the appropriate folder then EXIT the program.
- You must open a report first before you can save.
- Example: SmithAcc99
- Reopen the GUARDIANSHIP REPORTS program and start a new report as needed.
Example: Prepare the Annual Plan, save the Plan (SmithPlan99) and then exit the program. Reopen the program, load SmithPlan99, this will reload all worksheet information, then save the file as SmithAcc99 to prepare an Annual Accounting.
DO NOT PREPARE MULTIPLE REPORTS FOR ONE CLIENT AT THE SAME TIME !
If you want to work with a previously saved file, click on the "LOAD" link in the header on the opening screen. This will open the directory where you have saved your previous work. Then "double click" on the file that you want to work on. All previously saved information will be loaded into the program.
CAUTION !! Save file with a new name so you do not save over previous work.
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NAVIGATING THROUGH THE PROGRAM
Always Complete the Information Worksheets First! Each field that requires a date contains a "pop-up' menu. You may access this menu by using the F4 key, double clicking on the date field, or typing the date directly, 02/22/2000, in this format. If you type the F3 key the current date will appear and you can enter numbers in the formatted date field.
Each field that has an arrow on the right side of the box contains a "drop down" menu, click on the arrow and standard information will appear, you can type the word in the field, or the down arrow on your keyboard will scroll the options.
- 1. Click on INFORMATION WORKSHEET on the opening screen and complete:
- County Designator: County where you file
- Year Designator: The year the case was opened
- Court Type: CP for Broward County, however, other counties could be CP or GA, contact your Clerk about the Uniform Case Number.
- Sequential Number: This number is the case number.
- Party/Defendant Identifier: If not assigned by the Clerk, leave blank.
- Branch Location: If not assigned by the Clerk, leave blank
- Guardianship Inception Date (GID): The date the letters of guardianship were signed.
- 2. Then click on PARTIES at the top of the screen and complete the party information.
- 3. When party information is complete, click on WORKSHEET in the tool bar and complete the appropriate worksheet.
- THE ANNUAL ACCOUNTING WORKSHEET CONTAINS THE QUESTION
- "DOES YOUR COUNTY REQUIRE YOU TO SUBMIT A DETAILED CHECK REGISTER?" If you select YES, you will be required to list each check in the check register for Schedule B-4. If you select NO, you may enter a summary total of all checks for the accounting period.
- 4. When all worksheets are complete, click on close at the top and select the report to be prepared.
- 5. When you open the Annual Accounting or Initial Inventory, read and print the instructions FIRST!
- 6. Then proceed to the Summary Screen located at the top in the tool bar. On the Summary Screen for the Annual Accounting and the Initial Inventory, you will see blue colored line items, these blue line items are links to supporting schedules. Also at the top of the screen in the tool bar you will see previous and next, this will also take you forward and backward in the program. Complete each schedule, if no information is available for a schedule, type the word "NONE". DO NOT LEAVE ANY SCHEDULE BLANK.
- 7. When you are finished working on a report, save the report in the appropriate directory as previously described. If you need to work on the report at a later time, open the Guardianship Program then click on Load in the tool bar at the top of the screen. Then select the report to be completed by double clicking on the report. This report and all the previously saved information will be loaded and ready to be completed.
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PRINTING
- When you have completed a report and are ready to print. Save and close the report located at the top of screen. This will return you to the opening screen. At the top of the opening screen you will see "PRINTFORM", click on "PRINTFORM" and select the form to be printed, the entire form with all schedules will be printed or you can print each schedule individually from each screen by using the print button located at the top of each screen.
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CREATE A DESKTOP ICON
- Open Windows Explorer, then double click on Program Files, and then double click on Guardianship Reports. Then left click on the Guardianship Reports Icon and drag to your desktop. You will now be able to operate this program from your desktop.
- PLEASE SEND QUESTIONS OR COMMENTS TO eGov@fau.edu.
Initial Reports:
When is the initial report due?
- The initial guardianship report is due within 60 days after the letters of guardianship are signed by the judge. The initial inventory and the initial plan are also due within 60 days after the letters of guardianship are signed by the judge.
- If the ward has a safe-deposit box, the guardian must file a separate inventory of the safe-deposit box, signed by a witness from the institution where the box is located, within 10 days after the box is opened. The initial opening of the safe-deposit box must be conducted in the presence of an employee of the institution where the box is located. Contents of the safe-deposit box cannot be removed without prior court approval.
Do all guardians have to send a copy of the ward's inventory to the Department of Revenue?
- Yes, prior to the Court approving the initial inventory filed by a fiduciary, a copy must be sent to the Department of Revenue. Please be sure to forward your inventory to:
Florida Department of Revenue
General Tax Administration Center
Tallahassee Central Service Center
PO Box 6417
Tallahassee, Florida 32314-6417
What is the red check on schedule B-1?
- On schedule B-1 when a date is entered for the date of the receipt of restricted assets, the field next to the date automatically fills with a red check. If you leave the date field blank, then a check does not appear.
Annual Reports:
When is the annual report due?
- The reporting dates are based on the date the guardianship letters are signed by the Judge. All reports are due the 1st day of the 4th month after the month in which the letters were signed. For example, if the letters were signed on June 15th, 1999 your first annual accounting is due October 1, 2000 for the period of June 15th, 1999 through June 30th, 2000, due October 1, 2000.
- The first annual plan is due on October 1, 2000. The plan includes information about the ward from June 15th, 1999 – June 30th, 2000 and also information about the coming year.
What is amount of the audit fee?
- It is based on the estate value as outlined in Florida Statutes Chapter 744.3678
- On the annual accounting report, do I include checks that were written during that reporting period or only checks that cleared during the reporting period?
- F.S. 744.367(2) states that the annual accounting must cover the preceding calendar year. According to the American Institute of Certified Public Accountants (AICPA), the matching concept applies to annual accountings.
- The matching concept means that the accounting shows revenue (income) when it is earned and expenses when they are incurred. Thus, when a check is written (a legally binding document) in the accounting period it is listed even though it has not cleared the bank. A bank reconciliation is the method used to account for checks that are written, but not yet cleared.
I attached a copy of the renewal notice for the CD. Is that sufficient?
- It is not. We need a statement or letter (on bank letterhead) signed by the representative of the institution that states what the balance was in the accounting as of the period ending date, so we can verify the amount stated on your Accounting or Inventory.
As a guardian may I use credit cards to pay for the ward’s expenses?
- No. Credit card companies will not issue cards in the name of a guardianship.
Can I pay for the Ward’s expenses with my credit card, cash or check and then reimburse myself from the guardianship account?
- No. Although this seems to be a convenient method of paying the Ward’s expenses, the law requires that all expenses be paid from a guardianship account.
How do I record individual stocks which are placed into an investment account?
- The transfer of the stock to the investment account is recorded on Schedule E (bank transfer schedule). List the stock and the investment account as intangible assets on Schedule D-2(d). Additionally, any purchase of stock is listed individually on Schedule C as a capital transaction.
How are stocks/securities held in one investment account recorded?
- If you have a consolidated statement from the broker for one investment account and the statement shows each individual stock by number of shares and value, you may use the total of the investment account on the annual accounting. The stock and the investment account are intangible assets and any stock/security purchased is listed on schedule C as an addition.
How do I record the transfer of cash assets in an investment account and stock is subsequently purchased?
- If an investment account is opened with cash assets and stocks are purchased through the account, this would be recorded as a decrease in cash assets (schedule D-1) and increase in intangible assets (schedule D-2). Again, if you have a consolidated statement from the broker for one investment account and the statement shows each individual stock by number of shares and value, you may use the total of the investment account on the annual accounting. Also, any purchase of stock/securities is listed on Schedule C - Capital Transactions for information purposes only and no entry is needed in the gain or reduction column. The transfer of the cash into investment account is listed on schedule E.
How do I report the sale of real estate or personal property?
- No mortgage or liability on the asset.
First, determine the gain or loss by subtracting the sale price from the value listed on the prior accounting or inventory. For ex. If the real property was valued at $50,000 on the initial inventory or prior accounting and the property was sold for $40,000, there is a $10,000 loss which is listed on the capital transaction page, schedule C. You do not list the $40,000 received from the sale as income on schedule A. You do not list the costs associated with the sale as a disbursement on Schedule B this is taken into consideration when determining the loss. List the sale price on schedule F -1 for real property and F-2 for personal property.
If the property has a mortgage or money is owed on personal property?
- First, determine the net value of the property on the initial inventory or prior accounting. For ex. If the value of the real property was listed on the initial inventory as $50,000.00 and the mortgage owed was $30,000.00, then the net worth of the real property is $20,000.00. The real property is sold for $40,000.00 and after the mortgage is paid and all closing costs, the ward receives $10,000.00 in cash/check. Then, a loss of $10,000.00 is reported on schedule C. (net value - $20,000.00 minus $10,000.00 received = $10,000.00 loss in the equity reported on the last inventory/audit.) You do not list the $40,000 received from the sale as income on schedule A. You do not list the costs associated with the sale as a disbursement on Schedule B this is taken into consideration when determining the loss. List the sale price on schedule F -1 for real property and F-2 for personal property.
Is the ward's pre-paid funeral personal property or intangible property?
- The ward's pre-paid funeral is listed as an intangible property. This is similar to a pre-paid expense which is considered intangible. Personal property includes items such as clothing, furniture and jewelry.
How do I report the purchase of personal property, such as a computer?
On schedule C, write a full description of the personal property, the date the item was purchased and in the gain/addition column list the purchase price.
List the purchase price as a disbursement on schedule B-3 or B-4
- List the computer as a remaining personal asset on schedule D-2 (c).
- On the annual accounting form there is only one Schedule A page for income.
Do I report each separate receipt?
- Report income that is received on a regular basis and in the same amount such as social security income as “12 X $400” in the description column. The total “$4,800.00” is listed in the total column. To report income that changes with each receipt, such as interest and dividends, provide the yearly amount and indicate in the description the number of times the interest or dividend was received during that year. For example, interest from a savings account received 12 times for a total of $200.00.
Can I attach a form that lists income and disbursements and place the total in the schedules?
- No. Each receipt of income and disbursement must be input in the guardianship software program. The form automatically calculates each page and places the total in the summary page.
My forms do not include a column for check number and payment date?
Pasco and Pinellas counties require that you list each disbursement by check number and payment date. To retrieve the forms with this information open the guardianship software program and
- Click on “information worksheet”
- Click on “worksheet” on the title bar
- Click on “annual accounting”
- Click on “yes” in the box that states, “Does your county require you to submit a detailed check register?” This will change the forms in the annual accounting to include the check number and payment date.
- When you completed the information in the worksheet, click “close”
- From the opening page click “annual accounting”
- Schedule B-4 contains columns for check number and payment date
- Type in the account number in the top
- Insert 25 disbursements.
- For additional pages on the same account
- Click “register” on the title bar
- Click on “new account”
- Click on “new page”
- This creates a new page for the same account and you can continue with the disbursement.
- To list disbursements from another account
- Click “register” on the title bar
- Notice that the first account number is listed
- Click on “new account”
- Click on “new page”
- Type in the account number and the disbursements.
- The total of all pages is shown on the summary.
Why can’t I type any information in the summary page?
The summary page is completed from the information you input in the forms.
- Please make sure that line 9 equals line 13. This shows that the account is balanced.
Is a money market investment account a cash asset or an intangible asset?
- Money market accounts and Certificate of Deposits are considered cash equivalents and are listed under schedule D-1.
Is an annuity an intangible asset?
- Yes. Most annuities pay periodic payments which is listed on Schedule A as income. Additionally, all annuities have a net present value as of a certain date. List this value as of the ending date of the reporting period on schedule D-2(d). The guardian must request the net present value of the annuity each year from the insurance company and list the value on schedule D-2(d), any addition or reduction in the value is listed as a capital transaction on schedule C.
How do I list the value of a savings bonds?
- Savings bonds are purchased at one half their face value and have a maturity date which is the date you can exchange the bond for the amount of its face value. For example, a 30 year savings bond with a face value of $100.00 costs $50.00 and upon maturity (30 years from the purchase) the purchaser receives $100.00. The current fair market value of the bond during that 10 year period is determined by calling a financial institution or on the website at www.savingsbonds.gov/servlet/SBCPrice.
- Thus, the guardian should list the saving bond as an intangible asset on Schedule D-2(d) with the current fair market value as of the end of the reporting period and list any increase or decrease in the bond from the prior inventory or accounting as a capital transaction on Schedule C. Also, on the initial inventory, list the current location or the location where the bonds may be located.
Where do I list the type of cash account, such as savings or checking on Schedule D-1?
- Until the forms are revised, please report the type of account on the same line as the bank name.
How do I record reinvested dividend?
- A reinvested dividend is shown as income on the 1099 and is taxed as income.
- Should be listed on schedule A and on intangible assets schedule D-2. When listing the reinvested dividend list the # of shares purchased in the description area on schedule A.
- When dividends are reinvested they are cash issued and then the cash is disbursed back to the account with an internal transaction.
I filed the initial inventory on old forms before April 15th, 2001. Since the old forms did not require a true estate value (assets – liabilities) for the ending balance how do I record the sell of an asset with a liability?
- When the old forms are used and there is a liability, which was listed but not included, in the net assets (the liabilities were not subtracted from the assets),list the gain of the sale on schedule C in the amount of the realized cash rather than the true gain to create a balanced summary.
- Ex: The home was listed on the initial inventory at FMV of $84,000.00 and even though there is a mortgage the beginning balance of the next accounting does not take it into consideration. So you sell the home for $100,000.00. Normally you would take a gain of $16,000.00 but to make up for the lack of mortgage list the gain at the amount you made from the sale of the house.
- If you realized $20,000 of cash from the sale list this as a gain on schedule C.
How do I list the sale of the stock or security?
- In the description area list the value of each stock/security as listed on prior accounting/inventory and list the sale price of each share and number of shares sold and the amount of gain/loss column of schedule C. Then list the account in which the sale proceeds were listed.
- In the annual plan, does the guardian list all medications taken by the ward during the year or the only the medications the ward is currently taking?
- The guardian must list all types of medications taken by the ward in the preceding year.
Simplified Accountings:
When can I file a simplified accounting?
- You must meet the following criteria:
- 1) Guardian of the property
- 2) All assets in the estate are in restricted or frozen accounts
- 3) The only transactions that occur are interest accrual, deposits pursuant to settlement or financial institution service charges. If the funds are held in an investment account and the funds experience market fluctuations, the guardian must file an annual accounting and not a simplified accounting.
- If you qualify to file a simplified accounting the guardian does not have to be represented by an attorney.
- If the assets are in an investment account which experiences market fluctuations and/or reinvested income a simplified accounting cannot be used.
Forms: | Acrobat |
Microsoft
Word |
Order designating depository | .pdf |
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Receipt of depository and acknowledgement of copy of order | .pdf |