When Mary was appointed as guardian for her elderly mother with dementia in 2022, she focused entirely on ensuring her mother received proper medical care and managing her daily needs. What Margaret unintentionally neglected was that Massachusetts law required her to file annual reports with the Probate and Family Court detailing her mother’s condition, living arrangements, and the care provided. After three years of diligent caregiving but no court filings, Margaret received a stern notice from the court threatening removal as guardian for failing to comply with her reporting obligations. Like many well-intentioned family guardians, Margaret made an inadvertent oversight that left her scrambling to catch up on overdue documentation while facing potential legal consequences.
Initial and Ongoing Duties to Fulfill
When the court appoints a conservator or guardian in Massachusetts, the appointee has initial and ongoing reporting duties regarding actions taken on the protected person’s behalf. Failing to comply with these duties may result in a notice of non-compliance and additional consequences so it is important for anyone serving in these capacities to understand and comply with the requirements.
Conservatorship Reporting
Within 90 days of appointment, a conservator must file an Inventory identifying the assets of the protected person along with their value as of the date the conservator was appointed.
If the Decree and Order signed by the judge includes the requirement to file a Conservator’s Financial Plan, the conservator must file a plan for managing, expending, and distributing the protected person’s asset by the date ordered by the court or, if no date is specified, within 60 days of the court order.
On an annual basis thereafter, a conservator must file an annual account detailing transactions made on the protected person’s behalf including receipts, disbursements, and distributions. The annual account also includes a list of services provided during the reporting period and information regarding recommended changes to the conservatorship plan or the scope of the conservator’s duties. The annual plan is due within 60 days of the anniversary date of your appointment.
When the conservatorship ends, the conservator resigns or is removed, or when the protected person dies, a final account must be filed within 60 days of the event terminating the conservatorship.
Notification to the court is also required for changes such as a new address for the protected person or conservator, death of the protected person, and a requested change in conservatorship authority.
Guardianship Reporting
A Permanent Guardian must file an initial Guardian Care Plan Report within 60 days of appointment. This plan includes information about the incapacitated person including their living situation, overall physical, mental, and social condition, services received and any whether they are adequate, and future care plans.
An Annual Guardian Care Plan Report with updated information regarding the incapacitated person, their condition, and their needs must be filed every year on the anniversary of appointment.
If the incapacitated person dies, there is a change of address, adjustments to the guardian’s authority are needed, or the guardianship should be terminated, the guardian must file additional documents with the court.
Review and Enforcement of Reporting Duties
The Probate and Family Court recently created the Office of Adult Guardianship and Conservatorship Oversight (OAGCO) to provide training modules to assist with the preparation and filing of required reports, monitor the status of annual reporting, and serve as a resource for conservators, guardians, and the adults receiving assistance. The OAGCO also offers monthly virtual Zoom sessions.
In addition to the services offered by the OAGCO, Generations Law Group has a Guardianship/Conservatorship Client Care Program to assist with the preparation and filing of the initial and annual reporting documents. For more information on how we can help, call us (978) 263-0006.
Founded by a nurse attorney and with offices in Acton, Andover, and Sudbury, Massachusetts, Generations Law Group helps families navigate the complex areas of estate planning and elder law to inform and protect loved ones of every generation.
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