§ 28-65-320 — Accounting

(a) Unless otherwise directed by the court, a guardian of the estate shall file with the court a written verified account of his or her administration: (1) Annually within sixty (60) days after the anniversary date of his or her appointment; and (2) Within sixty (60) days after termination of his or her guardianship. (b) Notice of the hearing of every accounting shall be given to the same persons and in the same manner as is required by §§ 28-65-207 and 28-65-208 for notice of the petition for the appointment of a guardian, except that the court may dispense with the giving of notice to a mentally incompetent ward upon a satisfactory showing that the giving of notice would be detrimental to his or her well-being. (c) With respect to each item for which credit is claimed, the account shall show whether or not the item has been paid, and, in either event, the court may allow or disallow any item in whole or in part, subject to such protection as is extended the guardian with respect to actions taken by him or her in good faith in reliance upon orders previously made by the court. (d) When notice has been given as provided in subsection (b) of this section, the settlement by the court of an account is binding upon all persons concerned, subject to the right of appeal and to the power of the courts to vacate its final order. (e) The provisions of §§ 28-52-101 , 28-52-103 - 28-52-105 , 28-52-107 , 28-52-108 , and 28-52-110 relating to accounting by a personal representative shall apply also to accounting by a guardian. (f) A guardian who fails to file an accounting within the time limit prescribed by this section may be denied compensation for services performed between the date an accounting should have been filed and the date it is filed.

Legislative History

Acts 1985, No. 940, § 43; A.S.A. 1947, § 57-862.