The Probate Court provides for the guardianship and conservatorship of the disabled, from developmentally disabled children to incapacitated adults. In these proceedings, the Court often appoints family as guardian or conservator for their loved ones, but often do not make them aware of what their duties are.
Though many of these family members are very qualified and are excellent caregivers, they are often unaware of the Court’s yearly requirement for these fiduciaries to provide an annual guardianship report, or conservatorship accounting. These reports allow the Court to provide oversite and give interested parties (such as other family) the opportunity to be aware of the fiduciary’s progress. If these reports are not timely submitted, the Court tends to enforce costly consequences.
These fiduciary duties are often very uncomplicated and is not as daunting a task as many expect, once fiduciaries are given the opportunity to learn what is involved. If family members are looking to care for a loved one, or are currently serving as guardian and conservator, I am available to consult them on what to be prepared for so they can keep family matters out of Court.