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Massachusetts enacted the Uniform Probate Code, G.L. Chapter 190B, on January 19, 2009. Section 5-407 (d) (7) of the Code requires guardians to report back to the Court details about the protected person’s physical and mental health, living arrangements, finances, support services, and health care, as well as the extent of the guardian’s visits and involvement and any plans for future needs and care. The Probate Court has issued a new Annual Care Plan form this year. In the bottom left-hand corner of the form should be the identifier MPC 821 (08/20/25).

The Annual Care Plan is the form the Court uses to receive information from the guardian(s) on how the protected person is doing and what guardianship duties are being performed. Probate and Family Court Standing Order 1-25 creates the Office of Adult Guardianship and Conservatorship Oversight (OAGCO).

The purpose of the OAGCO is to monitor and track the timely completion of the Guardian’s Care Plan Reports and the conservator’s completion of the annual accounting. If any care plan report or Conservator’s accounting is more than 30 days past due, the OAGCO will issue a Notice of Noncompliance. If the guardian or conservator fails to complete the overdue report or accounting by the date stated in the notice, the OAGCA will notify the Court of the continued noncompliance. Continued noncompliance could result in being removed. It is also important that the Guardian’s Care Plan Report be filled out completely or it could be rejected. Here are some tips on completing the form correctly:
The Annual Care Plan must be completed 60 days after the initial appointment and annually thereafter.
You want to check the reporting period. Is it 60 days, annual or a final report? A final report is submitted when the guardianship is terminated or the propertied person has passed. You must enter the reporting period. If you have failed to file reports for several years, then file a care plan for the most recent annual period. For example, if you were appointed guardian in February, then your annual report is due in February. You must file a report for the last reporting period, which would be February 2025 through February 2026, and then annually thereafter.

LIVING ARRANGEMENTS

In this section you must report where the protected person has resided during the reporting period. You are not reporting hospitalizations, just residential addresses. If the protected person is homeless, check “other.” If the protected person resides with you, check “private home.” Hospital care refers to a state home. If the protected person is in shared living, check “other.” Question 5 asks whether the protected person is allowed to have visitors, receive mail and email, and participate in social activities. The protected person should not be isolated from friends, family and social situations. If protective measures need to be in place, then supervised visits, monitoring telephone calls and internet contact should be attempted unless the protected person is clearly unsafe and harmed by the contact. If you answer “no” indicating there is a restriction, then you must explain why.

CONDITION AND SERVICES PROVIDED

Questions 6 and 7 ask about the protected person’s mental, physical and social condition. Check whether the protected person’s mental condition, physical condition and social condition are excellent, good, fair or poor. If you report fair or poor, then there needs to be an explanation. You are also asked to rate the adequacy of the medical, educational, vocational or other services during the reporting period. In the space following the service, indicate what services are being received. If the service is not received, write “not applicable.”

CONTACT

Questions 8-15 concern your interactions with the protected person and the needs for any changes to the guardianship. Check off the frequency of contact you have had with the protected person and the participation the protected person has had in making decisions. Summarize your contact with medical providers and list any hospitalizations during the reporting period. List any reports of abuse or criminal charges regarding the protected person. Regarding any future plans, indicate any changes in residence or services. If the plan is to maintain the current living situation and services, then indicate that in the space provided.

Question 14 concerns information about the protected person’s future needs. In this section, you are going to discuss the plan for next year. It may be that the plan is to remain in the same group home or facility. You may be looking to change day programs or service providers. Whatever changes you are looking to make to the care plan will be included in this section. If you are happy with the current plan of care, then you would indicate that your plan is to maintain and monitor the current residential and service plan. Please contact us if your recommendation is to reduce limits on, further limit, expand or terminate the guardianship.

FINANCIAL INFORMATION

Questions 16 and 17 ask about funds you hold as guardian during the reporting period. If you are the representative payee, you are managing the money in that capacity, not as guardian. If you are the custodian of an ABLE account, you are handling the money in that custodial capacity, not as guardian. If you are a trustee, you are handling the funds as trustee, not as the guardian. Parents often create third-party special needs trusts as part of their estate planning documents. If the trust is unfunded, then do not check any boxes. If you are handling money in your sole capacity as guardian, then I suggest applying to be the representative payee for the protected person.

If you have any questions, don’t hesitate to reach out to myself or my team to answer your questions.

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