Guardian/Conservatorship Basic Case Processing Procedures
1. New Cases
In Order to monitor the statutory reporting requirements required of a conservator and/or guardian, the Court should do the following when a conservator and/or guardian is appointed:
2. Clerk Duties At Hearing For New Cases:
A. Judge verifies online trainings and other statutory requirements have been completed and the file is in order. If it is for a minor then the training is not needed.
B. Judge issues an Judgment Appointing Conservator and/or Guardian & Conservator and the letters.
C. Judge issues an Order Regarding Duty of Conservator and/or Guardian & Conservator to report. (Some Counties may not use this form)
D. Judge addresses the conservator and /or guardian of the need to file the required reports and verifies their address and phone number.
E. The clerk prepares a blank copy of the needed reports to give to the conservator and/or Guardian & Conservator with a copy of the Order Regarding Duty to Report signed by the Judge.
3. Following The Court Hearing For New Cases, the clerk:
A. Enters the date of the appointment and who was appointed on the guardian/conservator section on the main ISTARS screen.
a. Once the information is entered and saved, the report history will automatically begin with the due dates for the reports.
b. Docket all paperwork to the ROA.
c. The case will remain pending until the guardianship/conservatorship is terminated. Do not disposition the case.
B. Scan the Judgment Appointing, via Share Point. The scanning procedure is explained in a later section.
Guardianship/Conservatorship Delinquency Process
1. Select the cases tab.
A. Select Guardianship/Conservator Delinquency tab.
B. Select Guardianship/Conservator Delinquency Selection tab.
C. Put in cutoff dates.
a. This will pull up a working list of all cases with delinquent filings of inventories, annual accountings, and guardian reports. This does not have to be done every time, but only if it has been some time since this process has been done.
2. Select cases tab. (This is to be done at least every thirty days)
A. Select Guardian/Conservator Maintenance tab.
B. Select retrieve and then print a work list.
C. This will give you a work list to clean up the cases. The clerk must figure out what cases have reports that have not been filed or missed be entered into the g/c tab. The clerk must pull the case with missing reports to double check.
1. Update any missed information in the g/c tab.
D. If the cases can be fixed with missed information not being entered then the clerk will delete the case off of the delinquency list. This is done by highlighting the case and then selecting delete.
E. Once all the cases have been reviewed and fixed then the clerk will highlight all cases then hit process. This will print the delinquency letters for all cases with missing reports. The clerk may also print the notice and affidavit manually for each individual case if needed.
1. The clerk will docket this delinquency letter to the ROA.
3. After the delinquency letters have been run then the following will occur:
A. A copy of the first Notice of Past Due Report of Guardian and/or Conservator notifying the party or attorney that the reports are delinquent will be sent. Also Affidavit of Service MUST be done.
B. If the Court is notified that the person under conservatorship is deceased then the clerk will send a blank Motion to Terminate Conservatorship form for them to complete and return with a copy of the death certificate. When this motion is returned to the Court, the clerk will have the Judge sign a corresponding Order to Terminate the Conservatorship. The final accounting must also be submitted within thirty days. If not submitted then the Court will set the case for a status hearing.
C. If the party does not respond to the first notice, the clerk sends a Second Notice of Past Due Report of Guardian and/or Conservator and sets the matter for a status hearing ordering the party to appear if he/she has not filed the required report by the hearing date. A Certificate of Service MUST be done.
D. If the party does not attend the review hearing then the presiding Judge will decided the appropriate course of action.
E. If the guardian/conservator files the delinquent paperwork then the next due date will be added
F. If no contact information exists in the court file for the guardian/conservator, the clerk should contact the attorney for the guardian/conservator to obtain contact information.
G. If no new information is found by a driver’s license check then the clerk may fill out the request for investigative services.
H. For investigator services provided by the Supreme Court and must fill out the documents necessary to begin the process.
4. The Court will use the following process if the guardian/conservator cannot be found:
a. The Judge will place on the record that the guardian and/or conservator had not been found and what actions and attempts have been made.
b. The clerk will place a copy of the minutes from the hearing in the file.
c. At this point it will be up to your Judge on what course of action to take.
SharePoint and Conservatorship Reviews
Process For New Conservatorship Inventory and Accountings Filed
1. Scan the Conservator Report. Upload to Share Point.
2. Enter Report received date in the ‘Report History’ tab.
3. Verify the Guardian/Conservator current address.
4. Set a reminder for thirty days out to check for the Supreme Court Review.
5. Enter next year’s report needed with the due date.
All Documents To Be Scanned To The Supreme Court
***At this time this applies only to files where conservators are appointed. Guardian reports will be scanned to Share Point at a later date to be determined by the Supreme Court***
1. The County is to submit the following documents to the Supreme Court third party reviewer:
a. Judgment Appointing (Conservator and Guardian/Conservator)
b. Initial Inventory (Must be filed within 90 days of the original order appointing conservator)
c. All Annual Accountings (Must be filed within 395 days from the date of the original order appointing conservator)
d. Any Court documents indicating any change to the conservatorship
File Naming Diagram For Conservatorships
Example: Case # 02-599
The one-time Judgment becomes CV 02-0599
The one-time Initial Inventory becomes II 02-0599
The Annual Accountings become per Fiscal Yr AA 17 02-0599
Fiscal Year run-down:
Files received between July 1, 2016 through June 30, 2017 are Fiscal Year 17, therefore AA 17.
What always remains the same?
two-digit year (02) four-digit case number (0599)
Files will be either a CV, II, or AA 15 for the most part – never a combination.
The Supporting Docs for AA’s AA 15 02-0599 SD
The one-time Termination becomes TR 02-0599
The one-time Resignation becomes RG 02-0599
The one-time New Conserv. approved AC 02-0599
Uploading Scanned Items to Share Point
1. Open internet.
2. Drop down to the saved web address for Share Point (https://sharepoint10.idcourts.us/ic)
A. Share Point Username and Password box will appear.
a. Enter password: Username: County Specific
Password: County Specific
b. Select district _____ under Sites tab.
c. Select your county name under Sites tab.
d. Select county scans
e. Select add documents
f. Select upload.
g. Select upload multiple files.
1. At this point you can browse for a specific file or select an individual document.
h. Minimize Share Point screen.
i. Open documents where recent scans are saved.
1. Select file to be uploaded
2. Select the whole file or a specific case and drag and drop to the Share Point Screen.
j. You have successfully uploaded the files if there is a green box with a white star with the word new next to the file or document name.
Deputy Clerk ISC Supreme Review Memo Procedure
1. After the Administrative Office’s review, a report will be e-mailed to a designated clerk. This will be done within thirty days from the time the Supreme Court staff receives the report via Sharepoint. Upon receiving the report, the clerk should:
A. Print the report.
B. If the review appears satisfactory, the deputy clerk files the review memo and notes on the report history in the comment section that the review did not require additional action.
C. If there are problems indicated by the review, the clerk will present the file to the Judge who will decide what is necessary or appropriate. The report will indicate whether more documents need to be submitted or there is a bigger problem and a hearing needs to be set.
D. The judge’s actions could include, but are not limited to:
a. The clerk will send a copy of the review to the attorney if there is still one on the case; or
b. If there is no attorney then the clerk will set a status hearing for the conservator and send a copy of the report from the Supreme Court; or
c. The Judge appoints a guardian ad litem to represent the interest of the incapacitated person; or
d. The Judge takes no action because there is no address or contact information for the conservator.
E. The Court minutes from a hearing can be uploaded via Share Point to the Supreme Court with the judge’s decision and labeled as supporting documents.
F. If the deputy clerk does not follow-up with the Supreme Court Staff, the Supreme Court Staff will contact the submitting deputy clerk no less frequently than every six months until communication is received on the case. Once the Supreme Court Staff receives information from the County, the Supreme Court Staff will review the additional information provided and communicate via a review memo, any additional actions recommended.