In the Chancery Court for Hamblen County, Tennessee
Statement of Accounting
RE:______
(Ward)
CASE #:______
______
(Conservator / Guardian)
I, ______, hereby certify that the attached information (accounting and/or inventory) is true and correct to the best of my knowledge and belief.
______
Name of Conservator / Guardian
______
Address
______
City / State / Zip
______
Phone Number
Sworn to and subscribed before me this ______day
of ______, 201___.
______
Clerk & Master / Deputy Clerk
In the Chancery Court for Hamblen County, Tennessee
Statement of Fiduciary
As to Need to Continue or Discontinue Conservatorship/Guardianship
RE:______Case #: ______
(Ward)
______
(Conservator/Guardian)
______the duly appointed and qualified conservator/guardian
of the ward, ______would respectfully show unto the Court the
following:
The ward, ______continues to need OR does not
need a conservator/guardian due to ______
______
______
The ward is presently residing at the address of ______
______.
This statement is furnished to demonstrate to the court the need, or lack of need, for the continuation of the conservator/guardian services.
This ______day of ______, 201____
______(Conservator/Guardian)
______(Address)
______(Phone)
Statement from Corporate Surety
To the Clerk of the Court:
We, ______, pursuant to TCA § 34-11-111 (D),
(Name of Corporate Surety)
hereby submit the following statement:
We are surety on the bond of ______as
conservator/guardian of ______.
(Ward)
and the bond is in the amount of $______.
We further state that said bond is in force for the next annual period and will
remain in effect until Surety is discharged by Court Order.
Dated this ______day of ______, 201___
______
(Name of Corporate Surety)
______
(Representative)
Agency Name:
Address:
Phone #:
In the Chancery Court for Hamblen County, Tennessee
Statement as to Filing of U.S. or Tennessee Income Tax Return
RE: ______CASE #: ______
(Ward)
______
(Conservator / Guardian)
This conservator / guardian is not required to file either a federal or state tax return for the period of this accounting because the taxable income for its most recent taxable year was within the exemption provided by the Internal Revenue Code § 6012 and TCA § 67-2-104.
The gross income for the last year for the ward was $______.
Dated this ______day of ______, 201___
______
Conservator / Guardian
In the Chancery Court for Hamblen County, Tennessee
SUMMARY OF FINANCES
RE:______
(Ward)
CASE #:______
______
(Conservator / Guardian)
Complete for each financial account, including trusts, certificate of deposit, etc.
Type of account ………………………………….______
Beginning Balance ……………………………… ______
Deposits……………………………………………______
Withdrawals……………………………………….______
Ending balance……………………………………______
Type of account ………………………………….______
Beginning Balance ……………………………… ______
Deposits……………………………………………______
Withdrawals……………………………………….______
Ending balance……………………………………______
Type of account ………………………………….______
Beginning Balance ……………………………… ______
Deposits……………………………………………______
Withdrawals……………………………………….______
Ending balance……………………………………______
Clerk’s Accounting Checklist
Received:
____ Statement of Accounting Form 306
____ Statement of FiduciaryForm 307
____ Statement from Corporate Surety Form 308
____ Statement of Income Tax Form 309
_____Summary of Finances Form 310
____ Bank statements, copies of checks
& all other financial information for 12 month period
____ $40 check for filing fees
To Do:
____ All above documents stamped filed and logged into rule screen
____ Filing date noted on “Conservator/Guardians Listing”
____ All documents reviewed
____ Clerk’s report to Chancellor (forwarded to interested parties)
_____Compile summary of case for Chancellor
____ Add hearing date to docket and to rule screen
____ Order approving annual accounting (forwarded to interested parties)
____ Accounting added to minute book (cross-listed in front of book)
____ Note in rule screen the minute book & page
____ Add due reminder date into rule screen
____ Add to “Cons/Guard Listing” the reminder date for next acct or fid statement
LETTER OF GUARDIANSHIP
State of Tennessee ~ County of Hamblen
TO: Jane Smith, a resident of Hamblen County, TN:
It appearing to the Chancery Court of Hamblen County on the date of March 17, 2015, Jane Smith was appointed as the guardian of Mary Jones. The court being satisfied as to your right to the guardianship of said person and you having given bond (if applicable) and qualified, as directed by law, the Court orders that a Letter of Guardianship be issued to you.
You are therefore authorized to take into your possession, for the use and benefit of said ward, the profits of the lands, tenements and hereditaments belonging to said Mary Jones and also the goods, chattel and other personal estate of said person; to bring such suits or actions in relation thereto as may be deemed necessary; to make informed medical decisions, sign medical releases, posses and control medical records, and settle medical accounts of said ward; to return to the next Court after the date hereof a statement, in oath, of all the estate which shall have come into your hands or possession; to exhibit annually (if so directed by the Order of Guardianship) an account of the profits and disbursements thereof; to return a new list of the estate of ward each year from the date thereof and to renew your bond, as such, and to faithfully perform all the duties required of you by law in relation to said Guardianship; and upon the Order of the Court, when required to make a final accounting thereof, to deliver and pay to the person lawfully authorized to receive the same, the residue of said estate, including the profits arising therefrom. You are furthermore authorized with rights not specifically addressed, as described in TCA 34-3-104. Herein fail not.
Witness, Katherine Jones-Terry, Hamblen County Clerk & Master, at office, this______day of March 2015
______
Deputy Clerk
I do solemnly swear that I will honestly and faithfully discharge the duties of Guardian of Mary Jones, according to law and to the best of my ability. So help me God.
______Signature
Subscribed and sworn to before me this _____day of March 2015.
______
Deputy Clerk
I, Katherine Jones-Terry, Clerk & Master of said county, do hereby certify that the foregoing is a full, true and perfect copy of the Temporary Letter of Guardianship issued to Jane Smith as temporary guardian of Mary Jones and that the aforementioned party is now the duly qualified and acting guardian of said person.
Witness my hand and official seal at this office, this _____day of March 2015
Katherine Jones-Terry, Clerk & Master
______
Deputy Clerk
LETTER OF CONSERVATORSHIP
State of Tennessee ~ County of Hamblen
To: Jack Smith and/or John Smith,
residents of Morristown, Tn and Woodstock, Ga, respectively
It appearing to the Chancery Court of Hamblen County that on the date of February 2, 2015, Jack Smith and/or John Smith were appointed as the co-conservators of Jasper Smith. The court being satisfied as to your right to the conservatorship of said person and you having given bond (if applicable) and qualified, as directed by law, the Court orders that a Letter of Conservatorship shall be issued to you.
You are therefore authorized to take into your possession, for the use and benefit of said ward, the profits of the lands, tenements and hereditaments belonging to said Jasper Smith and also the goods, chattel and other personal estate of said person; to bring such suits or actions in relation thereto as may be deemed necessary; to make informed medical decisions, sign medical releases, posses and control medical records, and settle medical accounts of said ward; to return to the next Court after the date hereof a statement, in oath, of all the estate which shall have come into your hands or possession; to exhibit annually (if so directed by the Order of Conservatorship) an account of the profits and disbursements thereof; to return a new list of the estate of ward each year from the date thereof and to renew your bond, as such, and to faithfully perform all the duties required of you by law in relation to said conservatorship; and upon the Order of the Court, when required to make a final accounting thereof, to deliver and pay to the person lawfully authorized to receive the same, the residue of said estate, including the profits arising therefrom. You are furthermore authorized with rights not specifically addressed, as described in TCA 34-3-104. Herein fail not.
Witness, Katherine Jones-Terry, Hamblen County Clerk & Master, at office, this ___ day of ______2015
______Deputy Clerk
I do solemnly swear that I will honestly and faithfully discharge the duties of Conservator of Jasper Smith according to law and to the best of my ability. So help me God.
______
Signature Signature
Subscribed and sworn to before me this _____ day of ______2015
______
Deputy Clerk
I, Katherine Jones-Terry, Clerk & Master of said county, do hereby certify that the foregoing is a full, true and original Letter of Conservatorship issued to Jack Smith and/or John Smith as co-conservators of Jasper Smith and that the aforementioned party is now the duly qualified and acting conservator of said person.
Witness my hand and official seal at this office, this ____ day of ______2015.
Katherine Jones-Terry, Clerk & Master
______
Deputy Clerk
HAMBLEN COUNTY CHANCERY and PROBATE COURTS
Douglas T. Jenkins, Chancellor
Katherine Jones-Terry, Clerk & Master
511 West Second North Street
Morristown, TN 37814
423-586-9112 Office
423-318-2510 Fax
March 2, 2015
Jane Smith
1234 My Street
Morristown, TN 37814
Jane:
This correspondence is to remind you of the annual accounting in reference to the conservatorship on Joan Jones (2014-CV-137).The dates of the accounting should reflect the dates of May 2014 – April 2015. The accounting is due by the end of May 2015.
Included in this accounting should be copies of bank statements and all other documentation pertaining to her finances. When submitting the accounting, please complete and send the enclosed forms, as well as a check in the amount of $40 to cover filing fees.
If you have questions or if I can be of assistance please do not hesitate to contact me at 423-586-9112.
Sincerely,
Michele Green
Deputy Clerk
Enclosures
HAMBLEN COUNTY CHANCERY and PROBATE COURTS
Douglas T. Jenkins, Chancellor
Katherine Jones-Terry, Clerk & Master
511 West Second North Street
Morristown, TN 37814
423-586-9112 Office
March 4, 2015
Janet Smith
ETHRA
1234 Happy Street
Morristown, TN 37814
Dear Janet:
This is a follow-up to the letter dated December 1, 2014, regarding the annual accounting on Janice Smith (#2004-581); this accounting is past due. The accounting, reflecting the dates of January 2014 – December 2014 was due at the end of February 2014.
I am again enclosing the forms that need to be completed and submitted with the accounting. Please submit these forms, a $40 check to cover filing fees, and all the documentation as soon as possible in order to keep the accounting on track.
Thank you for your prompt attention to this matter.
Cordially,
Michele Green
Deputy Clerk
Enclosures
HAMBLEN COUNTY CHANCERY and PROBATE COURTS
Douglas T. Jenkins, Chancellor
Katherine Jones-Terry, Clerk & Master
511 West Second North Street
Morristown, TN 37814
423-586-9112 Office
423-318-2510 Fax
August 27, 2014
Janet Smith
PO Box 1234
Morristown, TN 37816
Dear Janet:
This is the third correspondence I am sending in regard to the accounting on Jack Smith. As was stated in the letters dated April 1, 2014 and July 7, 2014, the accounting was due by the end of June 2014.
It is imperative that you complete the accounting and submit it to me, along with all the documentation pertaining to Jack’s financial transactions. This information and a $40 check to cover filing fees is due by September 12, 2014.
This is the final request I will send for this past due accounting. As is mandated by the court, the next step will be to issue a Citation to Appear. If you choose to ignore the citation, a Show Cause will be issued. If a Show Cause is issued, it will be required that you appear before Chancellor Douglas T. Jenkins to explain why the accounting is past due.
Thank you for your prompt attention to this matter.
Sincerely,
Michele Green
Deputy Clerk
Enclosures
In the Chancery Court for Hamblen County, Tennessee
Election of Accounting Year
RE: ______CASE #:______
(Ward)
______
(Fiduciary)
The undersigned was appointed Fiduciary for the above named respondent
by order of this Court entered ______.
The Fiduciary is presently filing an accounting which reflects the dates of
______through ______and requests the Court to allow the
(Month/Year) (Month/Year)
filing dates to reflect of the dates of ______through ______
(Month/Year) (Month/Year)
______
Fiduciary
______
Date
In the Chancery Court for Hamblen County, Tennessee
Citation to Appear
James Smith
Conservator
RE: John Smith ConservatorshipCASE #: 2008-305
Ward
It appears of record in this Court that James Smith , 1111 My Street, Morristown, TN 37813, conservator of John Smith, has failed to file the a complete annual accounting for the period of October 2010 through September 2011. The conservator has been notified (via face-to-face in office contact, phone messages, and letters) that SunTrust bank statements for the months of July, August, September, and November 2011, and a First Peoples Bank statement for the month of April 2011 is required before the accounting can be considered complete and ready for review.
For the reason of having not submitted the complete annual accounting in a timely manner and for having ignored requests for said bank statements, a Citation to Appear is hereby issued to James Smith , per TCA §34-1-111.
You, James Smith , are hereby noticed to appear at 10 a.m. on the 29th day of February, 2012, in the Clerk & Master’s Office to explain why the complete annual accounting on John Smith has not been submitted and to explain why a Show Cause should not be issued in this case.
Witness, Katherine Jones-Terry, Clerk & Master of the Chancery Court of Hamblen County, Tennessee, at office, this the 20th day of February, 2012
Katherine Jones-Terry
Clerk & Master
______
By: Deputy Clerk
Certificate of Service
I hereby certify that a true and exact copy of the foregoing CITATION TO APPEAR has been sent via US MAIL to the Conservator and all interested parties on the 20th day of February, 2012.
______
Deputy Clerk
In the Chancery Court for Hamblen County, Tennessee
Re: Conservatorship of James Smith
Case: #2006-345
Conservator:Jane Smith
ORDER TO SHOW CAUSE
Jane Smith and John Smith (deceased) were appointed as co-conservators of the ward on 10/23/08. They were removed as conservators of the ward’s monies on 10/31/11, but per the order (page 2, paragraph 2), they were to continue to serve as the fiduciaries for the person of the ward.
Ms. Smith has not maintained contact with the court regarding her current address, nor, according to the present conservator, has she maintained contact with the ward.
Furthermore, it was determined in prior court hearings that Ms. Smith was to relinquish the vehicle in which she drove as her personal vehicle to the ward, whereas it had been purchased with the ward’s money and for his benefit. She and Mr. Smith, upon their appointment and without the court’s approval, purchased a home using the ward’s money; the home is still under Ms. Smith’s name. She was to also meet with the current conservator in order to transfer the ward’s utilities into the conservator’s name; to date, Ms. Smith has not complied.
Ms. Smith was aware of her requirements, having asked for extended time in a Notice which she filed 11/30/2011.
IT IS THEREFORE ORDERED that Jane Smith appear before the Court on Monday, April 28, 2014 @ 9:00 a.m. and show cause as to why she has yet to comply with the court’s requirements.
ENTERED THIS ______DAY OF ______, 2014
______
Douglas T. Jenkins, Chancellor
CERTIFICATE OF SERVICE
I certify that I have mailed or personally furnished an exact copy of the foregoing to all counsel of record and any unrepresented parties in this cause at their respective address as shown in the court file.
This ______day of ______, 20____
______
Deputy Clerk
In the Chancery Court for Hamblen County, Tennessee
Deputy Clerk’s Accounting Report
RE:Jane Smith (ward)CASE #: 2006-621
Joan Smith (conservator)
The Clerk & Master’s Deputy Clerk reports that she has examined the annual accounting filed on February 19, 2014 for the period ofJanuary 2014 – December 2014 of the fiduciary in the above-styled cause and makes her report thereon, pursuant to TCA 34-11-131, and that the same appears in all things regular and unaccepted to.
All of which is respectfully submitted this 16hday of March 2015.
Katherine Jones-Terry
Clerk & Master
By: ______
Deputy Clerk
NOTICE:TO ALL PARTIES INTERESTED IN THE ABOVE-STYLED CASE
The undersigned will appear before the Hamblen County Chancery Chancellor on the 17thday ofMarch 2015, at 9:00 a.m. (or as soon thereafter as possible) to state the account of the fiduciary in this cause, as well as to present the report of the Deputy Clerk & Master. You may be present at the hearing if you desire and if no objections are filed in writing, the accounting may be then confirmed.
By: ______
Deputy Clerk
In the Chancery Court for Hamblen County, Tennessee
Order Approving Annual Accounting
RE:Jane Smith (ward)CASE #: 2006-621
Joan Smith Kent (conservator)
PERIOD:January 2014THROUGH:December 2015
BE IT REMEMBERED that this cause came to be heard, upon the annual accounting of the fiduciary, filed February 19, 2015, as well as the record as a whole and it appearing that said annual accounting is in all things regular and that no exceptions have been filed thereto.
IT IS THEREFORE ORDERED that the said annual accounting be and the same is hereby in all things confirmed.
ENTERED this the ______day of ______, 2015
______
Chancellor
I certify that I have mailed or personally furnished an exact copy of the foregoing Order Approving Annual Accounting to each party and/or attorney of record at their respective addresses as shown in the court file.
This ______day of ______, 2015
______
Deputy Clerk
In the Chancery Court for Hamblen County, Tennessee
Deputy Clerk’s Accounting Summary
RE:Janet Smith (ward)CASE #: 2004-581
Joan Smith (ETHRA) (conservator)
This is a very simple accounting. It is maintained by Joan Smith, a public conservator with East Tennessee Human Resource Agency.
Expenditures from the ward’s money were for clothing, the annual accounting fee and for the ward’s nursing home costs.
After a review of the information and documentation submitted, I find this accounting to be complete and accurate. I ask that the court approve it as such.
______
______