Information
about the legal responsibilities of the Guardian of a Ward:
Each
of the following court-related responsibilities of a
Guardian can be found under Chapter 205, Sec. 1 of
Massachusetts General Laws.
If
you have asked to be appointed Temporary Guardian,
your responsibilities are as follows:
- Once appointed, you
must file a bond with the court to activate your Temporary
Guardianship.
- There are different levels of
guardianship, so be sure to review the decree so that you
can identify the exact capacity the court has authorized
(Rogers Authority**).
- You have 90 days from your appointment
to file an Inventory with the court.
-
You are then required to file an annual accounting with the
court detailing all the income and expenses of the ward.
If
you have asked to be appointed Permanent Guardian,
your responsibilities are as follows:
- Once appointed, you must file a bond with
the court to activate your Permanent Guardianship.
- You are to complete a final accounting
for your Temporary Guardian appointment (if you were
appointed Temporary Guardian) thus fulfilling all the
requirements of your Temporary appointment.
- There are different levels of
guardianship, so be sure to review the decree so that you
can identify the exact capacity the court has authorized
(Rogers Authority**).
- You have 90 days from your appointment
to file an Inventory with the court.
- You are then required to file an annual
accounting with the court detailing all of the income and
expenses of the Ward.
**
Rogers Authority
– This level of guardianship allows the guardian to
authorize the use of anti-psychotic medication.
It also requires the guardian to schedule a review of
the treatment plan with the court on an annual basis.
Meanwhile, the Uniform Guardianship
and Protective Proceedings Act (1997) contains a
specific description on the duties of a guardian. A guardian
shall act at all times in the ward’s best interest and
exercise reasonable care, diligence and prudence.
Additionally, the guardian shall:
- Become or remain personally acquainted
with the ward and maintain contact to know the ward’s
capacities, limitations, need, opportunities, and both
physical and mental health;
- Take reasonable care of the ward’s
personal effects and bring forth any proceeding to protect
the property of the ward;
- Judiciously spend the ward’s money for
support, care, and health & welfare;
- Conserve any excess money for future
needs;
-
Inform the court of any change in the ward’s address and
current condition, including the ward's death.
Click
here for forms and self-help kits related to a Petition
for Guardianship of Person & Estate.
