Each attorney filing a petition in this Court for the appointment of a guardian of the person and/or property of an alleged incapacitated adult or for the appointment of a guardian of the property of a minor is expected to comply with the following preliminary requirements concerning the proceeding and the process:
1. The attorney shall advise the person nominated as guardian of the Court's requirement that the appointed guardian view the applicable guardianship video prior to the issuance of Letters of Guardianship. In most cases, it would be very beneficial for a nominated guardian to have viewed the video prior to the hearing. When possible, arrangements to do so should be made through the Clerk. We have the facilities here to view the video. Copies of the video may be checked out for viewing at home by the payment of a refundable $10 deposit.
2. If the attorney filing such a petition has not viewed the video, the Court will require that the attorney do so prior to the hearing, and an attorney's appearance at the hearing will be deemed by the Court to be certification of completion of this requirement.
3. The attorney shall, prior to the hearing, advise the nominated guardian on the limitations on the authority of guardians and on the reporting requirements. Every appointed guardian will be provided a Handbook for Guardians. Attorneys who are not familiar with the limitations on authority or the reporting requirements should read the Handbook for Guardians prior to filing a petition or, at least, prior to the hearing. In most cases, the nominated guardian will be queried at the hearing for familiarity with the limitations on authority and the reporting requirements.
4. The attorney shall advise the person nominated as guardian of the property that a surety bond will be required in an amount to be set by the Court. Arrangements for the posting of the required bond should be made prior to the hearing. Although the exact amount will not be known until the hearing, the bond is set at the total of the annual income plus the value of all property and assets of the ward, exclusive of the value of real estate, and should be susceptible to reasonable estimation. The attorney should not propose for appointment as property guardian a person who cannot post the requisite bond. The Court will require that the bond be posted within ten (10) days after the hearing.
Effective immediately, a new form which can be downloaded at http://www.redi.net/maconbar/WillSafekeeping Form.wpd and which is available at the Probate Court, must be filed with every will filed with this Court for safekeeping. We will not accept any will submitted not accompanied by a fully completed form. The form contains the signature of the testator. Therefore, attorneys who will be delivering the will of a client to the Court without the client's presence must have the form signed by the testator before delivery of the will to the Court. We appreciate the cooperation of the Bar with this new procedure.
William J. Self, II, Judge