(a)Every guardian who has received or shall
receive money or other things of value from the Department shall file
with the court biennially within thirty (30) days following the
anniversary date of the appointment, in addition to other accounts as
required by the court, a full, true, and accurate account under oath of
all money or other things of value received by the guardian, all
earnings, interest, or profits derived from the estate, all property
acquired with the estate and of all disbursements from the estate, and
showing the balance at the date of the account and how it was invested.
(b)The guardian, at the time of filing any account, shall exhibit all
securities or investments held by the guardian to an officer of the bank
or other depository wherein the securities or investments
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(a) Every guardian who has received or shall
receive money or other things of value from the Department shall file
with the court biennially within thirty (30) days following the
anniversary date of the appointment, in addition to other accounts as
required by the court, a full, true, and accurate account under oath of
all money or other things of value received by the guardian, all
earnings, interest, or profits derived from the estate, all property
acquired with the estate and of all disbursements from the estate, and
showing the balance at the date of the account and how it was invested.
(b) The guardian, at the time of filing any account, shall exhibit all
securities or investments held by the guardian to an officer of the bank
or other depository wherein the securities or investments are held for
safekeeping or to an authorized representative of the corporation which
is surety on the guardian's bond, or to the judge or clerk of a court in
this state, or, upon request of the guardian or other interested party, to
any other reputable person designated by the court, who shall certify in
writing that the person has examined the securities or investments and
identified them with those described in the account, and shall note any
omissions or discrepancies. If the depository is the guardian, the
certifying officer shall not be the officer verifying the account. The
guardian may exhibit the securities or investments to the judge of the
court, who shall endorse on the account and the copy of the account a
certificate that the securities or investments shown as held by the
guardian were each in fact exhibited to the judge and that those
exhibited were the same as those shown in the account, and noting any
omission or discrepancy. That certificate and the certificate of an
official of the bank in which are deposited any funds for which the
guardian is accountable, showing the amount on deposit, shall be
prepared and signed in duplicate, and one (1) of each shall be filed by
the guardian with the account.
(c) At the time of filing in the court any account, a certified copy of
the account and a signed duplicate of each certificate filed with the
court shall be sent by the guardian to the office of the Department
having jurisdiction over the area in which the court is located. A signed
duplicate or a certified copy of a petition, motion, or other pleading,
pertaining to an account, or to any matter other than an account, and
which is filed in the guardianship proceedings or in any proceeding for
the recognition that an individual is no longer a minor or an
incapacitated person shall be furnished by the person filing the petition,
motion, or pleading to the proper office of the Department. Unless
hearing is waived in writing by the attorney of the Department, and by
all other persons entitled to notice, the court shall fix a time and place
for the hearing on the account, petition, motion, or other pleading not
less than fifteen (15) days nor more than thirty (30) days from the date
filed, unless a different available date is stipulated in writing. Unless
waived in writing, written notice of the time and place of hearing shall
be given the Department office concerned, the guardian, and any others
entitled to notice not less than fifteen (15) days prior to the date fixed
for the hearing. The notice may be given by mail, in which event it
shall be deposited in the mail not less than fifteen (15) days prior to the
date specified. The court, or clerk of the court, shall mail to the
Department office a copy of each order entered in any guardianship
proceeding in which the administrator is an interested party.
(d) If the guardian is accountable for property derived from sources
other than the Department, the guardian shall be accountable as
required under the applicable law of this state pertaining to the property
of minors or incapacitated persons who are not beneficiaries of the
Department, and the guardian is entitled to the compensation provided
by law for administering the other property. The account for other
property may be combined with the account filed in accordance with
this section.
Formerly: Acts 1953, c.112, s.2010; Acts 1971, P.L.413, SEC.2.
As amended by P.L.33-1989, SEC.47.