Checklist for NYC Guardians
You Have Been Appointed Guardian of an Incapacitated Person in NYC. What do you do now? A basic checklist of tasks to perform to appropriate settle the estate is provided below.
- Review the Order and Judgment appointing the Guardian of the Person and/or Property. Read this document very carefully. It tells you what your are authorized to do and not authorized to do. Since guardianship is all about least restrictive alternative, one person’s Order and Judgment may be different from another. The document also tells you when you must seek approval for something, what steps to take in the event of the death of your incapacitated person, and the requirement for filing annual and final accountings. Read Carefully
- Attend a Guardianship Training Class. If you are a lay guardian, you will be told to attend a guardianship training course. The Course is available online. Make sure to write down the codes because you will need them when you fill in the Affirmation of Viewing.
- Secure a surety bond, if so directed by the court. (A bond is like an insurance policy for the beneficiaries of the guardianship and provides a recovery mechanism for them in the event that there is negligence or malfeasance by the fiduciary)
- Sign Oath and Designation in the presence of a notary and then file with the county clerk’s office.
- Obtain at least two (2) certified copies of the Commission. You will need to present the Certified copies everywhere you go so you might as well have two. Two points about the Commission. First, in certain counties, you will need to prepare your own draft commission. In other counties, the Court clerk will prepare your Commission. You should get the Commission certified. You can obtain certified copies by going to the Certification department in the clerk’s office.
- Maintain records of all transactions and activities you perform as Guardian. You will need to ultimately file accountings. The Court wants to know what you are doing with your ward’s money.
- File your 90-day report. This is your initial report. You only have to file it the first time you are appointed. Click here for sample 90 day report.
- File your annual accountings each year. They are usually do by May 31 of the following year. Click here for sample annual accounting.
- File your final report and petition for discharge. When your ward dies, you will have 150 days to file your final account. Click here for sample final accounting.
- Collect commissions, once approved by the court, and be discharged.
Feel free to contact us for help administering the guardianship estate.
Additional resources provided by the author
For more information, please contact probate and estate planning attorney Regina Kiperman:
Or visit her at her new location:
80 Maiden Lane
New York, NY 10038
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