MUPC Article V procedural outline - P. Guardian plans, reports, and monitoring

The contents of this outline are intended to provide general guidance to Court staff in the handling of guardianship of incapacitated persons and conservatorship cases. This outline does not cover guardianship of minors matters.

1. An initial Guardian Report/Care Plan is due to be filed sixty (60) days after the appointment of a permanent Guardian (i.e. approval of the Bond)
2. Annual Guardian Reports are due to be filed within sixty (60) days following the anniversary of the guardian’s appointment.
3. Upon receipt for filing, the Plan/Report will be reviewed for substantial compliance with 5309(b) by a judicial designee.
4. After review, an Order Regarding Guardian’s Plan/Report will be completed, filed with the Plan/Report and mailed to the guardian. If the Court determines the Plan/Report is acceptable, it will be filed. If the Plan/Report is accepted with exceptions or limitations, or rejected, the reasons shall be noted on the Order. The Court may require attendance at a Guardian Workshop or set a time for hearing on the Plan/Report before the Court or a judicial designee. The Order shall set forth the hearing or other date where appearance is required. If the Guardian’s Plan/Report has been reviewed by a judicial designee such as a Senior Partners for Justice attorney, any recommendation by the judicial designee shall be maintained in the Court file for public review.
5. Each Division will periodically review the filing of Plans/Reports by MassCourt data retrieval and issue notices by mail to any guardians who are not in compliance with the order appointing them notifying them that if the required Plan/Report is not filed within sixty (60) days a hearing may be scheduled to show cause why they failed to file the Plan/Report.
6. If any required Plan/Report is not filed within 60 days, the Court or judicial designee shall order the guardian to
   1. Attend a Guardianship Workshop, or
   2. Appear for a hearing, with notice to interested parties, at which the Court may:
      1. Remove the guardian,
      2. Appoint a special guardian,
      3. Appoint counsel for the incapacitated person, and/or
      4. Appoint a guardian ad litem.
      5. Enter such further order as the Court may deem appropriate and requisite.