Understanding Guardianships: Annual Reporting

After the probate court appoints a guardian over a ward, the court stays involved in the ward’s care to supervise the ward’s affairs and monitor the actions of the guardian. Guardians must provide regular reports, known as Personal Status Reports, to the court to keep them updated on the ward. This report must include the location of the ward, an update on the ward’s condition overall, a report on the ward’s needs, and information on any changes that would require the court’s intervention or a change in the guardianship order. The first Personal Status Report is due within sixty days of the appointment and then annually within sixty days of the anniversary of the appointment. There is no standard form, and failure to comply with reporting requirements can lead to removal of the guardian or a judgment against the guardian.

Conservators are also required to file reports on the ward so that the court can stay updated on the ward and intervene when necessary. Within two months of being appointed, a conservator must submit an inventory of the ward’s property (including the value of all assets and liabilities) and a plan for handling the ward’s affairs. The plan for managing, expending and distributing the ward’s property must be detailed and include all aspects of meeting the ward’s needs. The conservator must provide an updated inventory and asset management plan to the court every year (within sixty days of the anniversary of the date of the appointment). At the anniversary, the conservator must also provide a statement of all receipts and expenditures of the conservatorship for the preceding year. Thus, conservators must maintain complete and accurate records of every transaction

The responsibilities and requirements of guardians and conservators can be daunting. If you are thinking about guardianship and need more information, you can schedule a consultation with the attorneys at Hurley Elder Care Law by calling (404) 843-0121 or emailing info@hurleyeclaw.com