rule 5.346. As set forth in subdivision (b)(1), the starting balance
shall be the ending balance of the preceding accounting, or if none,
the value of assets on the inventory.

Attached, as Appendix A, is a model accounting format which
is only a suggested form.

Rule History

1991 Revision: New rule.

1992 Revision: Citation form changes in committee notes.

2010 Revision: Editorial change in (b) to delete redundant
language.

2012 Revision: Committee notes revised.

2013 Revision: Subdivision (b) revised to substitute
“documents” for “papers.” Committee notes revised. Editorial
changes to conform to the court’s guidelines for rule submissions as
set forth in AOSC06-14.

2016 Revision: Substantial rule revision. Committee notes
revised. Appendix A adopted.

Statutory References

§ 744.367, Fla. Stat. Duty to file annual guardianship report.

§ 744.3678, Fla. Stat. Annual accounting.

§ 744.3701, Fla. Stat. Inspection of report.

§ 744.3735, Fla. Stat. Annual appearance of the guardian.

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.

Fla. Prob. R. 5.346 Fiduciary Accounting.

Fla. Prob. R. 5.610 Execution by guardian.

Fla. Prob. R. 5.695 Annual guardianship report.

Fla. Prob. R. 5.700 Objection to guardianship reports.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
APPENDIX A

IN THE CIRCUIT COURT FOR COUNTY, FLORIDA


IN RE: GUARDIANSHIP OF

File Number:


Division:


ACCOUNTING OF GUARDIAN(S)


From: , , Through: ,




The purpose of this accounting is to report the assets on hand at the
beginning of the accounting period, all transactions that have occurred during
the period covered by the accounting, and the assets that remain on hand at
the end of the accounting period. It consists of a SUMMARY sheet and
Schedule A showing all Receipts, Schedule B showing all Disbursements,
Schedule C showing all Capital Transactions and Adjustments (the effect of
which are also reflected in other schedules, if appropriate), and Schedule D
showing assets on hand at the end of the accounting period.

Under penalties of perjury, the undersigned guardian(s) declare(s) that I
(we) have read and examined this accounting and that the facts and figures set
forth in the Summary and the attached Schedules are true, to the best of my
(our) knowledge and belief, and that it is a complete report of all cash and
property transactions and of all receipts and disbursements by me (us) as
guardian(s) of , the ward, from,
through , .

Signed on , .

Attorney for Guardian: Guardian:
Attorney
Name



(address) (address)
Telephone: [Print or Type Names Under All
E-mail address: Signature Lines]
Florida Bar No.:
IN THE CIRCUIT COURT FOR COUNTY, FLORIDA


IN RE: GUARDIANSHIP OF

File Number:


Division:



ACCOUNTING OF GUARDIAN(S)


From: , , Through: ,




SUMMARY

Estimated Carrying
Current Value
Value
I. Starting Balance
Assets on Hand at Beginning of
Accounting Period $


II. Receipts
Schedule A: $


III. Disbursements
Schedule B: $

IV. Capital Transactions and
Adjustments
Schedule C: Net Gain or (Loss) $

V. Assets on Hand at Close of
Accounting Period
Schedule D: Cash and Other

Assets $ $




NOTE: Refer to Fla. Prob. R. 5.696.

Entries on Summary are to be taken from totals on Schedules A, B, C
and D.

The Summary and Schedules A, B, C and D are to constitute the full
accounting. Every transaction occurring during the accounting period should
be reflected on the Schedules.

All purchases and sales, all adjustments to the asset acquisition or
carrying value of any asset, and any other significant transactions that affect
the property (such as stock splits) should be described on Schedule C.
ACCOUNTING OF GUARDIAN(S),



GUARDIANSHIP OF

From: , , Through: ,




SCHEDULE A Receipts



Date Brief Description of Items Amount




NOTE: Schedule A should reflect only those items received during
administration during the accounting period.

Entries involving the sale of assets or other adjustments to the asset
acquisition or carrying values of assets are to be shown on Schedule C, and not
on Schedule A.
ACCOUNTING OF GUARDIAN(S),


GUARDIANSHIP OF


From: , , Through: ,




SCHEDULE B Disbursements




Date Brief Description of Items Amount




NOTE: Schedule B should reflect only those items paid out during the
accounting period.

Entries involving the purchase of assets or adjustments to the asset
acquisition or carrying values of assets are to be shown on Schedule C, and not
on Schedule B.
ACCOUNTING OF GUARDIAN(S),


GUARDIANSHIP OF


From: , , Through: ,




SCHEDULE C Capital Transactions and Adjustments




Date Brief Description of Transactions Net Gain Net Loss




TOTAL NET GAINS AND LOSSES


NET GAIN OR (LOSS)




NOTE: Schedule C should reflect all purchases and sales of assets and any
adjustments to the asset acquisition or carrying values of any assets.
Entries reflecting sales should show the asset acquisition or adjusted
carrying values, the costs and expenses of the sale, and the net proceeds
received. The net gain or loss should be extended in the appropriate column
on the right side of Schedule C.

Entries reflecting purchases should reflect the purchase price, any
expenses of purchase or other adjustments to the purchase price, and the total
amount paid. Presumably no gain or loss would be shown for purchases.

Entries reflecting adjustments in capital assets should explain the
change (such as a stock split) and the net gain or loss should be shown in the
appropriate column on the right side of Schedule C.

The NET gain or loss should be entered in the carrying value column of
the Summary.
ACCOUNTING OF GUARDIAN(S),


GUARDIANSHIP OF


From: , , Through: ,




SCHEDULE D Assets on Hand at Close of Accounting Period


(Indicate where held and legal description, certificate numbers, or other
identification.)




Estimated Carrying

Current Value Value




ASSETS OTHER THAN CASH:
OTHER ASSETS TOTAL


CASH:




CASH TOTAL $


TOTAL ASSETS (must agree with the Total for Item V on Summary)




NOTE: Schedule D should be a complete list of all assets on hand reflecting
asset acquisition or carrying values for each item, adjusted in accordance with
any appropriate entries on Schedule C, and estimated current values for each
item.

Current market values for any assets that are known to be different from
the asset acquisition or carrying values as of the close of the accounting period
should be shown in the column marked “Estimate Current Value.” The total
adjusted carrying value (not Current Value) must agree with the Total for Item
V on Summary.
APPENDIX B


GUARDIAN ACCOUNTING PRINCIPLES


I. ACCOUNTS SHOULD BE STATED IN A MANNER THAT IS
UNDERSTANDABLE BY PERSONS WHO ARE NOT FAMILIAR WITH
PRACTICES AND TERMINOLOGY PECULIAR TO THE ADMINISTRATION OF
GUARDIANSHIPS.

Commentary: In order for an account to fulfill its basic function of
communication, it is essential that it be stated in a manner that recognizes
that the interested parties are not usually familiar with guardian accounts. It
is neither practical nor desirable to require that accounts be tailored to meet
individual disabilities of particular parties but any account should be capable
of being understood by a person of average intelligence, literate in English, and
familiar with basic financial terms who has read it with care and attention.

Problems arising from terminology or style are usually a reflection of the
fact that people who become versed in a particular form of practice tend to
forget that terms which are familiar and useful to them may convey nothing to
someone else or may even be affirmatively misleading. For example, the terms
“debit” and “credit” are generally incomprehensible to people with no
knowledge of bookkeeping and many people who are familiar with them in
other contexts would assume that in the context of guardian accounting, the
receipt of an item is a “credit” to the fund rather than a “debit” to the guardian.

While the need for concise presentation makes a certain amount of
abbreviation both acceptable and necessary, uncommon abbreviation of
matters essential to an understanding of the account should be avoided or
explained.

Print-outs from electronic accounting systems or account statements can
be used as attachments to the schedules in the accounting form or to clarify
the accounting. The quality of the accounts produced by these systems and
account statements varies widely in the extent to which they can be
understood by persons who are not familiar with them.

II. A GUARDIAN ACCOUNT SHALL BEGIN WITH A CONCISE SUMMARY OF
ITS PURPOSE AND CONTENT.

Commentary: Very few people can be expected to pay much attention to a
document unless they have some understanding of its general purpose and its
significance to them. Even with such an understanding, impressions derived
from the first page or two will often determine whether the rest is read. The
use that is made of these pages is therefore of particular significance.

The cover page should disclose the nature and function of the account.
While a complete explanation of the significance of the account and the effect of
its presentation upon the rights of the parties is obviously impractical for
inclusion at this point, there should be at least a brief statement identifying the
guardian and the subject matter, noting the importance of examining the
account and giving an address where more information can be obtained.

A summary of the account shall also be presented at the outset. This
summary, organized as a table of contents, shall indicate the order of the
details presented in the account and shall show separate totals for the
aggregate of the assets on hand at the beginning of the accounting period;
transactions during the period; and the assets remaining on hand at the end of
the period. Each entry in the summary shall be supported by a schedule in the
account that provides the details on which the summary is based.

III. A GUARDIAN ACCOUNT SHALL CONTAIN SUFFICIENT INFORMATION
TO PUT THE INTERESTED PARTIES ON NOTICE AS TO ALL SIGNIFICANT
TRANSACTIONS AFFECTING ADMINISTRATION DURING THE ACCOUNTING
PERIOD.

Commentary: The presentation of the information account shall allow an
interested party to follow the progress of the guardian’s administration of
assets during the accounting period.

An account is not complete if it does not itemize, or make reference to,
assets on hand at the beginning of the accounting period.

Illustration:

3.1 The first account for a guardianship may detail the items received by
the guardian and for which the guardian is responsible. It must begin with the
total amount on the inventory.

Transactions shall be described in sufficient detail to give the court and
interested parties notice of their purpose and effect. It should be recognized
that too much detail may be counterproductive to making the account
understandable. In accounts dealing with extensive assets, it is usually
desirable to consolidate information with attachments that show detail. For
instance, where income from a number of securities is being accounted for, a
statement of the total dividends received on each security with appropriate
indication of changes in the number of shares held will be more readily
understandable and easier to check for completeness than a chronological
listing of all dividends received.

Illustrations:

3.2 Extraordinary appraisal costs should be shown separately and
explained.

3.3 Interest and penalties in connection with late filing of tax returns
should be shown separately and explained.

3.4 Receipts and disbursements shall be shown on separate schedules in
chronological order. The separate schedules may include totals by account,
with separate ledgers for each account, such as securities or financial
accounts.

3.5 Changes in asset values due to market fluctuations are not
transactions and shall not be reflected as a loss or gain, but the estimated
current value and carrying value shall be shown on the schedule listing assets
held at the end of the accounting period.

IV. A GUARDIAN ACCOUNT SHALL CONTAIN TWO VALUES, THE ASSET
ACQUISITION VALUE OR CARRYING VALUE, AND CURRENT VALUE.

Commentary: In order for transactions to be reported on a consistent
basis, an appropriate carrying value for assets must be chosen and employed
consistently.

The carrying value of an asset should reflect its value at the time it is
acquired by the guardian. When such a value is not precisely determinable,
the figure used should reflect a thoughtful decision by the guardian. Assets
received in kind should be carried at their value at the time of receipt. For
assets purchased during the administration of the guardianship, acquisition
cost would normally be used. Use of Federal income tax basis for carrying
value is acceptable when basis is reasonably representative of real values at the
time of acquisition.

In the Model Account, carrying value is referred to as “guardian
acquisition value.” The Model Account establishes the initial carrying value of
assets as their value at inception of the guardianship for inventoried assets,
date of receipt for subsequent receipts, and cost for investments.

Carrying value would not normally be adjusted for depreciation.

Except for adjustments that occur normally under the accounting system
in use, carrying values should generally be continued unchanged through
successive accounts and assets should not be arbitrarily “written up” or
“written down.” In some circumstances, however, with proper disclosure and
explanation, carrying value may be adjusted.

Illustrations:

4.1 Assets received in kind in satisfaction of a pecuniary legacy should
be carried at the value used for purposes of distribution.

Illustrations:

4.2 When an asset is held under circumstances that make it clear that it
will not be sold (e.g., a residence used by the ward) the guardian’s estimate of
value would be acceptable in lieu of an appraisal.

4.3 Considerations such as a pending tax audit or offer of the property
for sale may indicate the advisability of not publishing the guardian’s estimate
of value. In such circumstances, a statement that value was fixed by some
method such as “per company books,” “formula under buy-sell agreement,” or
“300% of assessed value” would be acceptable, but the guardian would be
expected to provide further information to interested parties upon request.

V. GAINS AND LOSSES INCURRED DURING THE ACCOUNTING PERIOD
SHALL BE SHOWN SEPARATELY IN THE SAME SCHEDULE.

Commentary: Each transaction involving the sale or other disposition of
securities during the accounting period shall be shown as a separate item in
one combined schedule of the account indicating the transaction, date,
explanation, and any gain or loss.

Although gains and losses from the sale of securities can be shown
separately in accounts, the preferred method of presentation is to present this
information in a single schedule. Such a presentation provides the most
meaningful description of investment performance and will tend to clarify
relationships between gains and losses that are deliberately realized at the
same time.

Increases and decreases in value not related to a sale or other disposition
are unrealized gains or losses and should not be shown as such on this
schedule.