This form is furnished only as a basic example and should not be used as a standard form. The attorney must be careful to tailor the details of the form to the facts of the particular case.
[Caption. See § 3 of the Introduction in this manual.]
Order Approving Guardian’s Management Plan
On this day the Court considered the Application for Approval of Guardian’s Management Plan of [name of guardian] for the estate of [name of ward]. After considering the application, reviewing the proposed management plan, and considering the facts and circumstances, the Court finds from the preponderance of the evidence that the application should be granted.
IT IS THEREFORE ORDERED that the following assets may be retained, and [name of guardian] will not be liable for any depreciation or loss resulting from their retention: [name of ward]’s residence, jewelry, furnishings, artwork, antiques, clothing, personal effects, and automobile.
IT IS FURTHER ORDERED that [name of guardian] is authorized to open a new
interest-bearing checking account as described in the application. No further order of this Court is necessary for this action.
IT IS FURTHER ORDERED that [name of guardian] will review the investment performance of those [name of institution] common-trust funds that hold [name of ward]’s funds on an annual basis and will report [his/her] findings in the annual account.
IT IS FURTHER ORDERED that [name of guardian] will sell [number] shares of [name] in Account No. [number] at [name of institution] over a two-year period and invest the proceeds of sale in a diversified portfolio of dividend paying stocks. [Name of guardian] will sell [number] shares of [name] in Account No. [number] at [name of institution] and retain or invest the proceeds in accordance with the goals of the management plan.
IT IS FURTHER ORDERED that [name of guardian] will enter into a safekeeping custody account agreement with the trust department of [name of institution], as described in the application, but subject to further orders of this Court. [Name of guardian] will direct [name of institution], in its capacity as safekeeping custodian, to invest all of [name of ward]’s cash that is placed into the safekeeping account and is not otherwise invested in the [name of institution] institutional money market fund as described in the application. No further order of this Court is necessary for this action.
IT IS FURTHER ORDERED that [name of guardian] is authorized to transfer the securities in the [account number] brokerage account to the [name of institution] safekeeping account for sale pursuant to further orders of this Court. [Name of guardian] will purchase and sell such other securities as may be determined by [name of institution] to meet the goals of this management plan.
IT IS FURTHER ORDERED that [name of guardian]’s management plan is approved and will continue until the later of [anniversary date] or further orders of this Court approving a subsequent investment plan for [name of ward] and that [name of guardian] may take such further action as may be necessary, including the purchase and sale of securities to meet the goals of the management plan more particularly described in the management plan filed with this Court.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]