How is a guardian's performance evaluated?

In New York, a guardian’s performance is evaluated by the court and typically occurs each year. The guardian is required to file an annual report, known as an Accounting or Final Report, which is a detailed accounting of the guardianship estate. This report should be submitted to the court every year during the guardianship term. The court will take into account a variety of factors when evaluating the guardian’s performance. This includes how the guardian has managed the estate, as well as how they have tended to the needs of the ward and any other dependents. The court will also look at whether the guardian has fulfilled their obligations including filing reports or attending court hearings. The court can also order an independent professional evaluation of the guardian’s role. This type of evaluation is appropriate when there have been disputes about the well-being of the ward, or when the court has questions about how the guardian has managed the estate. The guardian should be able to provide detailed reports and pertinent documentation when requested by the court. Depending on the outcome of the evaluation, the court may issue an order to either continue or terminate the guardianship. If the guardian’s performance is found to be satisfactory, the court will extend the guardianship and the guardian will continue to serve the ward. On the other hand, if the guardian’s performance is found to be unsatisfactory, the court may order the termination of the guardianship.

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