Once a guardian is appointed, the court is responsible for monitoring the guardian’s actions  in caring for the person and/or managing the person’s money and property.  Guardians are “fiduciaries” – which means they have very high duties of care, trust and honesty. They must make decisions and act carefully, according to the person’s values and best interest, and they must keep good records.

Guardians must file reports with the court about the person’s condition and living arrangements, any changes and services provided. If the guardian manages money or property, the guardian must file an accounting with the court either annually or when the court requires. If the reports or accounting shows a possible problem, the court may send out an investigator or call the guardian in for a hearing.

Key ways to strengthening court monitoring have included, for example:

• Clear guardian standards and training

o See the National Guardianship Association’s Standards of Practice

o See the National Guardianship Association’s Fundamentals of Guardianship

• Help for guardians in filing reports and accountings

• Improvements in how the court reviews the reports and accountings

• Clear guidance to courts in how they can respond when they find a problem

• Requirements for bonds for guardians managing money or property

• Complaint procedures

• Enhanced data on guardianship cases