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New York guardian’s annual report

The sworn yearly report of an Article 81 guardian, with the year’s account, which many court groups lay out in six schedules.

By Fidura staff. Last reviewed .

Who files
Every Article 81 guardian
MHL § 81.31 (opens in a new tab)
When it’s due
In May, for the calendar year before
MHL § 81.31(a) (opens in a new tab); GAO manual (opens in a new tab)
Where
The clerk of the court that appointed you
The court examiner reviews it within 30 days. MHL § 81.32 (opens in a new tab)
The form
No statewide form
Each court group publishes its own. For one, the Third Department’s (PDF) (opens in a new tab)

The first report runs from the commission date to December 31. Guardian Assistance Office manual (opens in a new tab)

What you need

Have your initial report or last annual report, every bank statement for the year, and a receipt for each payment. The Third Department form sorts the year into six schedules:

  • A, assets on hand at the start;
  • B, principal received, such as an inheritance;
  • C, income, such as Social Security, pensions and interest;
  • D, losses on assets sold;
  • E, money paid out;
  • F, assets on hand at the end.

The example follows Sylvia Abramowitz, an invented ward in Albany County. Her guardian’s commission issued in 2023. This report covers 01/01/2025 through 12/31/2025 and was filed in May 2026.

The balance on hand must equal Schedule F

The form’s summary adds A, B and C as Part I, and D and E as Part II. Part I less Part II is the balance on hand. It must equal Schedule F to the cent. Third Department annual report, Summary (opens in a new tab)

Sylvia Abramowitz, invented ward · summary of the annual report
Schedule A, on hand at the start$56,762.35
Schedule B, principal received5,000.00
Schedule C, income received29,355.96
Part I, total$91,118.31
Schedule D, losses1,324.50
Schedule E, paid out36,711.43
Part II, total$38,035.93
Balance on hand = Schedule F, 12/31/2025$53,082.38

Where the figures came from

Schedules A and B
Checking, 01/01/2025$8,412.35
Savings, 01/01/202531,250.00
200 shares of stock14,600.00
Furniture and jewelry2,500.00
B: inheritance from a cousin’s estate5,000.00
A and B$61,762.35
Schedule C
Social Security, $1,784.00 × 1221,408.00
Pension, $623.40 × 127,480.80
Savings interest287.16
Dividends180.00
Schedule C$29,355.96
Schedule E
Assisted living, $2,650.00 × 1231,800.00
Medicare supplement, $212.60 × 122,551.20
Pharmacy1,147.83
Clothing and personal needs862.40
Bond premium350.00
Schedule E$36,711.43
Schedule F
Checking ••2208$14,045.22
Savings ••664136,537.16
Furniture and jewelry2,500.00
Schedule F$53,082.38

Schedule E lists each payment with its date, payee and amount. The monthly rows above stand for those lines.

A stock sold at a loss

Schedule A carried Sylvia’s 200 shares at $14,600.00. Her guardian sold them on 04/08/2025 for $13,275.50. The loss of $1,324.50 goes in Schedule D, which the form keeps for losses on assets sold. The proceeds went into checking.

Checking then works out: $8,412.35 at the start, plus $42,344.30 in Social Security, pension, dividends and sale proceeds, less $36,711.43 paid out, is $14,045.22. The inheritance and the interest went into savings.

Beyond the money

The report also covers the person: where they live, their health and treatment, and your visits. MHL § 81.31(b) (opens in a new tab)

A Surrogate’s Court guardian, of a minor or under Article 17-A, files a different yearly account instead. SCPA 1719 (opens in a new tab)

Attachments and copies

Attach a statement from a physician, psychologist, nurse clinician, social worker or other person who evaluated or examined the person within three months before you file. MHL § 81.31(b) (opens in a new tab)

The statements and receipts you worked from go in too, with the person’s tax returns. Include the order of appointment if the court does not have it yet. Guardian Assistance Office manual (opens in a new tab)

The law sends copies to the person and the court examiner. MHL § 81.31 (opens in a new tab) The forms add the surety and, if the person lives in a facility, its chief executive and Mental Hygiene Legal Service. Guardian Assistance Office manual (opens in a new tab)

If the person dies

Within 20 days of the death, file a statement of death with the court. Serve it on the court examiner, the personal representative (or the public administrator or county chief fiscal officer) and the local social services district.

Within 150 days of the death, serve a sworn statement of assets and notice of claim, and deliver the property to the estate. Keep back enough for known claims and costs. File a final report and move to have it judicially settled. Only a court order extends the 150 days. MHL § 81.44 (opens in a new tab) Westchester wants the final account within 45 days. Westchester Guardianship Part rules (opens in a new tab)

Common mistakes

Filing on the appointment anniversary

The report covers the calendar year and is due in May. Westchester wants it by May 15, and your order can set another date. Westchester Guardianship Part Rule 20(b) (opens in a new tab)

Putting court-controlled money in Schedule A

Schedule A leaves out trust principal, property under the joint control of a court, and real property not transferred to you. Third Department annual report, Schedule A (opens in a new tab)

Ignoring the examiner’s demand

A late report draws a demand to file within 15 days. After that the court may cut your compensation or remove you. MHL § 81.32 (opens in a new tab)

Sources

Also for New York: Initial Report of Guardian

We make Fidura, guardianship accounting software built on a reconciled register for each ward. See the product

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