Rule 36 - Order Appointing Guardian, Conservator, Personal Representative, or Special Administrator(a) Orders.(1)Required Warning. Every order appointing a guardian, conservator, personal representative, or special administrator must include the following language: "Warning: This appointment is not effective until the clerk of the superior court issues the letters of appointment."(2)Guardianship Finding. Every order appointing a guardian must include a specific finding as to whether the guardian's appointment is due solely to the ward's physical incapacity.(3)Bond Amount. Any order requiring a bond must state the bond amount. Letters of appointment will not issue until the bond has been filed.(b) Restrictions on Authority.(1)Generally. Every order appointing a guardian, conservator, personal representative, or special administrator, or that authorizes a single transaction or other protective arrangement, must state any restrictions on the fiduciary's powers.(2)Proof of Restricted Account. Unless the court orders otherwise, the fiduciary is responsible for ensuring that Form 10, proof of any restricted account, is filed not later than 30 days after the court enters an order restricting the account.(3)Attorney Responsibilities. Unless the court orders otherwise, an attorney who receives any proceeds to be restricted for the benefit of a minor, incapacitated person, or protected person must ensure that the restricted account is established and properly titled, and that the funds are deposited into the restricted account. The court also may order that other parties or attorneys ensure that the restrictions are properly implemented and that a proof of restricted account is filed. Amended Aug. 29, 2019, effective 1/1/2020; amended Dec. 12, 2019, effective 1/1/2020.COMMENT TO THE 2020 AMENDMENTS
The following examples provide sample language for restrictions of authority in an appointment order:
"No real property may be leased for more than one year, sold, encumbered, or conveyed except as authorized by court order."
"No withdrawals of principal or interest may be made except as authorized by court order. Unless the court orders otherwise, reinvestment may be made without further court order so long as funds remain restricted in this institution at this branch."
"The guardian has no authority over placement or movement of the ward's residence, absent an emergency, except as authorized by court order." Or, "The guardian's authority is limited to the power to make medical decisions."