Reports and Compliance in Guardianships
McCarthy Fingar’s guardianship lawyers aide our clients in submitting court-required guardianship reports. When someone is appointed as another person’s guardian, the guardian takes on a series of legal and ethical responsibilities. For example, guardian is required to file an initial report within 90 days after the issuance of the legal document called a “commission”, which is the legal document empowering the guardian. During the month of May, or at any other time ordered to do so by a court, a guardian must file an annual report, which, if the guardian is a Property Management Guardian, also includes an accounting. A guardian may choose to file an intermediate report as well and can seek permission from the court to do so. Other guardianship reports may also be required. Upon the death of the incapacitated person, the guardian must file a Statement of Death within 20 days; and within 150 days of the incapacitated person’s death, the guardian must file a statement of assets and notice of claim, a final report. Ultimately, a guardian must turn over assets, aside from a reserve, to the Executor or Administrator of the incapacitated person’s estate (or the Public Administrator if none is appointed).
What We Do
While some guardians guardianship reports on their own, in many cases, guardians prefer to work with attorneys and their staffs in order to meet these requirements. Our lawyers (all of whom are active members of the Trusts & Estates Law Section and/or the Elder Law and Special Needs Section of the New York State Bar Association), and our paralegals are experienced with these requirements. We provide as much or as little assistance to guardians as they prefer in order to meet these duties.
McCarthy Fingar’s lawyers are here to help guide you through the Guardianship process. If you have any questions or would like to schedule a consultation, please contact the following: