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Guardianship Reporting and Other Filing Requirements

A guardian "of the person” of a disabled person or minor is required to file an annual report to the Court. A guardian "of the property” is required to file one initial report and annual fiduciary reports to the court.

Please note: Because of the reporting and other filing requirements, guardians are required to notify the Trust Office of a change of address and/or the phone number (240-777-9175) as soon as possible by phone or in writing.

Report Filing Requirements for a Guardian of the Person of a Disabled Person or a Minor

A guardian of the person of a disabled person or a minor is only required to file an Annual Report with the Trust Office each year within 60 days after the end of the guardianship year. Generally, the guardianship year begins on the date of appointment, which is the date the Order of Court appointing the guardian is signed.

Steps for Completing the Annual Report

  • Step 1. Approximately two months before the end of the guardianship year, the Trust Office will send a notification letter along with the Annual Report template reminding you, as the guardian, of the reporting requirement.
  • Step 2. Once the Trust Office receives the completed Annual Report, the Court reviews the report and either (1) enters an Order accepting the report and continuing the guardianship for another year or (2) takes other appropriate action.

Report Filing Requirements for a Guardian of the Property of a Disabled Person or a Minor

A guardian of the property of a disabled person or a minor is required to complete and file two reports: an initial Inventory and Information Report within 60 days of the date of appointment and an Annual Fiduciary Report.

Steps for Completing the Initial Inventory and Information Report
  • Step 1. The Trust Office will send the guardian a letter and a blank Inventory and Information Report shortly after the Order of Court appointing the guardian has been signed.

Watch a video tutorial about how to complete the Inventory and Information Report 

Steps for Completing the Annual Fiduciary Report (Fiduciary's Account)
  • Step 1. Approximately two months before the end of the guardianship year, the Trust Office will send a notification letter along with the Annual Fiduciary Report to the guardian reminding him/her of the reporting requirement.
  • Step 2. Upon receiving the completed Annual Fiduciary Report, the Trust Clerk examines the report and supporting documentation and prepares the Report of Trust Clerk. The Report of Trust Clerk identifies matters to be called to the attention of the Court and will recommend either that the Annual Fiduciary Report be accepted by the Court through an executed Order of Court, or that the matter of acceptance be set for a hearing that the guardian is required to attend.
  • Watch a video tutorial about how to complete the Annual Fiduciary Report 

Younger woman helping older woman with paperwork What Happens if I do not file a report?

Failure to file a required guardianship report will cause a Show Cause Order to be issued and a hearing. This Order will require the guardian to appear in court and show cause as to why he/she should not be removed as guardian for failure to perform a guardianship duty and/or comply with an Order.

If the guardian files a delinquent report or other document with the Trust Office within 5 working days of the Show Cause Hearing date, and it is determined to be sufficient, the court will contact him/her regarding the status of the hearing.

Failure to appear at a Show Cause Hearing may result in the immediate removal of the guardian and/or the issuance of a body attachment that authorizes the Sheriff’s department to locate and detain him/her until appearance before a Judge. The matter may further be turned over to the State’s Attorney’s Office for investigation and criminal prosecution.

The following sample petitions are to be used as reference in the event you need to request an extension on filing a report. Please note that the sample petitions are provided to show guardians the format and not to be used word for word. Guardians should make applicable edits to the sample petitions to match with their cases

Download the Petition to Extend Time to File Annual Fiduciary Report (MS Word)

Download the Petition to Extend Time to File Inventory (MS Word)



Supporting Documents

In some situations, guardians may be required to file additional documents when they submit the above reports. Whenever this is required, the Trust Office will provide notification and any applicable blank forms.

A guardian who is a nonresident of Maryland is required to designate a resident agent before commencing guardianship duties. If a resident agent has not been designated by a nonresident guardian prior to appointment, the guardian and resident agent are required to complete and file an Appointment of Resident Agent Form with the Trust Office.

Download the Appointment of Resident Agent Form

The Court may order that guardianship funds be placed into a restricted account, which means that any withdrawals by the guardian will require Court approval by order. An Acknowledgment of Deposit of Restricted Account Form is required to be completed and returned to the Trust Office by the bank or other financial institution at which the funds are deposited within 60 days of the date of the appointment of the guardian. The Trust Office will mail a reminder notice of this requirement with a blank form to the guardian

The restricted account should be registered as follows:
  • (Name of a guardian)
  • Guardian for (Name of a disabled person or a minor)a Disabled Person/Minor
  • Subject to Withdrawal Only by Order of Montgomery County Circuit Court, Maryland

To request Court approval for a withdrawal of funds, the guardian is required to file a Petition with an accompanying proposed order and substantiating documentation. In the Petition, the guardian should explain the amount, purpose, and justification for the use of the funds and indicate that the substantiating documentation is attached.

Download the Acknowlegement of Deposit of Restricted Funds Form

 

Supporting documents (originals or copies are acceptable) are required to substantiate the assets’ values and transactions that are reported in the Annual Fiduciary Report. These documents include all bank statements and account statements for the entire reporting period from other financial and/or investment institutions, copies of cleared checks, settlement statements on the sale or purchase of real property, deeds, motor vehicle titles, or any receipts for assets purchased during the period. Receipts or other underlying source documents are required to be submitted for disbursements that include payments made by check for which the copies of cleared check is not available or the payee information is not printed on the account statement, checks made payable to cash or to the guardian, payments for credit card charges, withdrawals of cash, etc.

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