Court reports are reviewed annually to determine if state guardianship should continue. Reviews should be completed in a timely manner that ensures an appointment of guardianship or conservatorship does not unnecessarily expire.
Let’s take a look at the following scenario.
Scenario:
Ms. Ima Client is on your caseload. Her guardianship type is Limited Guardian and Full Conservator. You notice on her face sheet under “appointment expires” or by running the “appt expires” report that her limited guardianship is going to expire in the next 3 months.
You review the case with Ms. Client’s treatment team and determine that she still needs a limited guardian. You then contact the county attorney or designated court contact for the county where Ms. Client’s case is. This is to determine what paperwork they require in addition to the AOC -795 (Petition for Relief, Modification, or Termination). Some courts require an affidavit from a psychologist, physician, or social worker outside of DAIL to accompany the AOC-795. The courts could also request an AOC-745 (application for appointment for fiduciary). Fortunately for you, this county only needs the AOC-795 to put the case on the docket. You complete the AOC-795 and submit it to your supervisor for review. After your supervisor approves this, you file it with the court having jurisdiction over Ms. Client’s case.
You then keep an eye on your mail for a court date as you are required to attend the court hearing and may need to testify. Your court date comes in the mail 29 days later, which is great because on day 30 your supervisor would have needed to follow up with the court. You attend court and are asked to talk about why Ms. Client continues to need a limited guardian. The judge grants the limited guardianship to be renewed for 5 more years which is the maximum amount of time allowed for a limited guardianship. You get the renewed appointment orders from the clerk and you or the administrative assistant in your office uploads them into KYGFIS and updates the current appointment date and updated appointment expiration date.
How long after filing the AOC-795 with the court should you follow up with the court if you have not received a court date?
30 days per Section 5.
Download a copy of GField 19- Overnight Out-of-State Travel & Travel Form to your desktop for future reference.
