Guardian’s Obligations and Reporting Requirements in Massachusetts Probate Courts

-by Erin Bradbury

1. Initial Responsibilities After Appointment

   Once appointed, a guardian should:

   • Obtain a Certified Copy of the Decree and Letters of Guardianship;
   • Carefully review the scope of the guardianship, with an eye towards whether the guardianship is plenary (full) or limited;
   • Diary deadlines for reporting requirements [Rogers reviews, care plan reports]
   • Make multiple copies of the Court Orders and scan to your computer so you always have the orders available;
   • Forward copies of the Court Orders to the Protected Person’s collaterals, e.g. primary care physician.
2. Ongoing Duties of the Guardian

   Duty of Care and Custody:

   • The guardian must ensure the protected person’s personal well-being, safety, housing, education (if a minor), and medical care; The Guardian should encourage independence and decision-making to the extent possible, and make decisions consistent with the protected person’s values and best interests;
   • Duty to Consult and Inform: The guardian must consult with the protected person before making major decisions, when feasible, and keep the court informed of any significant changes.
3. Mandatory Court Reporting Requirements

   Guardian’s Care Plan / Initial Report:

   • Due within 60 days of appointment (Mass. G.L. c. 190B, § 5-309), filed using Form MPC 821 (Guardian’s Care Plan/Report). This Report describes the protected person’s condition, living arrangements, services, and plans for future care;
   • Annual Report: Due every year on the anniversary of appointment, updating the court on the protected person’s condition and care. This Report may include changes in residence, treatment, services, health, and efforts to promote autonomy;
   • Rogers Monitor Report: If Rogers authority for extraordinary medical authority was granted, e.g. antipsychotic medication, ECT treatment, this Report will be due at the time of the Rogers Review;
   • Emergency or Interim Reports: Must be filed promptly if there are significant changes in the person’s condition, the their death, or if the guardian cannot continue serving, or if court approval is needed for major decisions.
4. Court Oversight and Compliance

   Review by the Court:

   • The Probate Court reviews the reports and may request additional information or hearings. Failure to file required reports may result in removal of the guardian. In 2025, the Court established an Office of Adult Guardianship and Conservatorship Oversight (OAGCO). The OAGCO is part of the Administrative Office of the Probate and Family Court. It was created by a federal grant funded by the Administration for Community Living (ACL) and the U.S. Department of Health and Human Services. The OAGCO monitors reporting by guardians and conservators of adults, offers an Ombudsperson Service Program and provides community outreach and education about the reporting requirements.
5. Best Practices for Guardians

   You have been entrusted with great responsibilities for the protected person. Best practices after appointment include:

   • Keeping detailed records of care, medical visits, and communications;
   • Visit or communicate with the protected person regularly;
   • Document all major decisions and maintain transparency with family and the court;
   • File reports on time and keep copies for your file;
   • Seek legal or professional guidance when uncertain about obligations.

At the Law Office of Erin Bradbury, we specialize in guardianship matters. In 2024, we handled 224 guardianship cases, including Rogers guardianships for antipsychotic medication treatment plans. We are just a phone call away. We can help you protect what matters most, so call if you need help with your loved one’s matter. 508-829-7025  ...More Blogs