The Law Offices of David Smoren, PLLC
The Law Office of David SmorenThe Law Office of David Smoren
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Existing Guardianships

Existing Guardianships Matters

Once a guardian is appointed the Court continues to have jurisdiction over the guardian and the subject individual. This judicial oversight includes an ongoing obligation requiring the guardian to periodically provide the Court with reports of their activities relating to the personal needs of the subject individual and as to the guardian’s management of the property of the individual. This is typically true for Article 81 Guardians and property management guardians appointed pursuant to the SCPA.

Following the appointment of a guardian by the Court it may be necessary for the guardian to fulfill certain requirements as directed by the judge. These may include: 1) the posting of a bond to protect the assets of the subject individual; 2) the filing of an oath & designation; and 3) obtaining a certified commission or decree confirming the appointment

During the initial guardianship period, a guardian may be required to attend training and file an initial report with the Court and an annual report each year thereafter. A guardian may also be required to file a final account upon the death of the subject individual, when the guardianship is no longer required or if the guardian is removed or resigns.

Failure to qualify as a guardian and submit appropriate reports to the Court can result in the removal of the guardian and, in some instances, sanctions can be imposed. Property management guardians must account for all monies and property received as well as for each expense paid on behalf of the individual.

The qualifying and ongoing reporting requirements can seem difficult, and even overwhelming. We can help. The Law Offices of David Smoren, PLLC, assists hundreds of guardians each year qualify and comply with their mandated reporting requirements. In most cases there is no charge to the guardian for our services.

Call us today at 718 225-6700 for a free phone consultation or to arrange for a comprehensive home or office consultation or simply post a comment or question on the contact form.