The Guardian’s Duties: Why Compliance, Reporting, and Financial Management Matter

Serving as a guardian is one of the most meaningful roles an individual can undertake. Whether you are appointed for a loved one or for someone without family, you become responsible for protecting the rights, property, and well-being of a vulnerable person. Yet once the hearing ends and the judge grants the appointment, many guardians find themselves thinking the same thing: “I’ve been appointed… now what?” 

The truth is that guardianship is far more than visiting your ward and managing day-to-day decisions. New York guardians are fiduciaries, and with that title comes a series of legal obligations that must be followed closely. Unfortunately, many guardians are never fully told what is required of them, leading to confusion, stress, and avoidable problems with the court. Understanding your duties from the beginning is critical to ensuring smooth oversight and avoiding consequences such as removal or sanctions. 

This article explains what happens after your appointment, the reports you must file, why record keeping matters, and how to stay compliant every step of the way. 

Your First 90 Days: Understanding the Initial Report 

Within 90 days of being commissioned, every guardian must file an Initial Report with the court and send a copy to the Court Examiner assigned to the case. This deadline is strict, and missing it can raise concerns with the court. 

The Initial Report is not meant to be intimidating or complicated, but it does have an important purpose. It tells the court: 

● Where the ward lives now – home, hospital, assisted living facility, skilled nursing facility, or another setting. 

● Who is providing medical care – primary physicians, specialists, home care agencies, case managers. 

● What financial assets have been marshaled – bank accounts, insurance proceeds, pensions, safe deposit boxes, stocks, bonds, or any other property.

● What assets exist but remain uncollected – accounts you have identified but not yet accessed. 

The Initial Report provides the court with a snapshot of the situation and sets the foundation for the guardian’s ongoing responsibilities. It demonstrates that you understand the role, have taken action, and have begun to stabilize the ward’s affairs. 

It is also your first opportunity to develop strong record-keeping habits, which will make every future filing significantly easier. 

The Annual Accounting: A Detailed and Comprehensive Obligation 

While the Initial Report is important, the Annual Accounting is where the true weight of guardianship reporting lies. 

Across all five boroughs, every guardian’s annual accounting is due at the end of May, regardless of when they were appointed. The schedule works as follows: 

● Your first accounting covers the period from the date you are commissioned through December 31 of that same year. 

It must be filed no later than May 31 of the following year. 

● Every accounting after that covers January 1 through December 31, again due no later than May 31 of the following year. 

Annual accountings require: 

● A full record of all income received on behalf of the ward 

● A detailed list of all expenses paid, with documentation 

● Bank statements for every month in the period 

● Copies of checks, receipts, invoices, and electronic payments 

● Updates on the ward’s housing, medical care, benefits, and services 

● Explanation of major decisions and any significant changes

Your Court Examiner must review and approve your accounting before it is submitted to the judge, meaning they may request additional documents, clarification, or corrections. This is normal and part of the process, but incomplete or disorganized reports can create unnecessary delays and raise concerns about your stewardship of the ward’s funds. 

Record Keeping: Your Most Important Tool as Guardian 

Guardianship is easier—and far less stressful—when you maintain consistent, organized records. From the very first day, guardians should document: 

Medical Information 

● Appointments, diagnoses, and treatments 

● Emergency room visits or hospitalizations 

● Transfers between facilities 

● Changes in medication 

● Notes from consultations with medical staff 

Financial Information 

● Copies of every check written and received 

● Monthly bank statements 

● Receipts and invoices for all expenditures 

● Documentation of cash withdrawals 

● Records of benefit payments or insurance reimbursements 

Personal and Administrative Updates 

● Communication with facilities or care managers 

● Notes of issues observed or resolved

● Major decisions made on the ward’s behalf 

These records are not optional. They will be needed every single year when you prepare your annual accounting. Without them, you may find yourself scrambling to recreate months of financial activity and medical updates, which is stressful, time-consuming, and risks appearing non-compliant. 

Errors or missing records can lead the court to question the accuracy of your filings, and in severe cases, can result in removal as guardian, investigations, or sanctions. 

Final Accountings: Your Responsibilities When Guardianship Ends 

Guardianship does not end when the court changes its mind or when the ward passes away. A guardian must remain involved until the court formally discharges them, and that requires completing a Final Accounting. 

A Final Accounting is required when: 

● You are removed as guardian 

● You resign and the court accepts your resignation 

● The ward passes away 

A Final Accounting must account for all financial transactions from the date of the last approved accounting up to the date: 

● of the ward’s death, 

● of your removal, or 

● of your resignation. 

Unlike annual accountings, final accountings often involve additional layers: ● Closing of bank accounts 

● Payment of final bills or outstanding debts

● Reconciliation of Medicaid balances or facility statements 

● Funeral expenses, if applicable 

● Transfer of any remaining assets to the estate representative 

Courts examine final accountings closely because they mark the end of your fiduciary responsibilities. They must be precise, well-organized, and supported by complete documentation. 

Feeling Overwhelmed? Moskowitz Legal Group Is Here To Help 

If all of this sounds daunting, you are not alone. Many guardians—especially family members—quickly discover that the reporting requirements can be confusing, technical, and extremely time-consuming. 

At Moskowitz Legal Group, we have a dedicated guardianship support team with over ten years of experience preparing, organizing, and filing Initial Reports, Annual Accountings, and Final Accountings in New York courts. 

We take pride in being one of the few firms that provides comprehensive guardianship compliance support, including: 

● Compiling and organizing financial records 

● Communicating with facilities, banks, and service providers 

● Preparing fully compliant reports in an organized, court-ready format 

● Responding to Court Examiner inquiries 

● Guiding guardians through every question and concern 

● Using our customized internal templates designed to simplify the process and prevent errors 

Guardianship is a serious responsibility, and no one should feel unprepared or overwhelmed while trying to do the right thing. Our team ensures that you remain compliant, confident, and protected throughout your entire term as guardian.

If you or someone you know has been appointed guardian and needs guidance navigating these obligations, Moskowitz Legal Group is ready to help you every step of the way.