Delaware Guardian Duties and Annual Report Requirements

What Delaware Expects From a Court-Appointed Guardian

Getting appointed as guardian through the Court of Chancery is the beginning of the work, not the end. Delaware imposes specific fiduciary duties on every guardian — person, property, or both — and enforces them through mandatory annual reporting and a dedicated monitoring program.

Most families focus so heavily on the petition process that they walk into appointment day without understanding what ongoing compliance looks like. The court takes this seriously. Guardians who miss reporting deadlines or fail to follow financial management rules risk removal.

The Bond Filing and Initial Compliance Window

Within seven days after the Court signs the final order, a guardian who is required to file a bond must file the signed fiduciary bond required by that order with the Register in Chancery. For guardians of the person and restricted estates, this is a Bond Without Surety; property guardians whose orders require surety must obtain a Bond With Surety, which can involve finding a bonding company and paying an annual premium based on the estate's value.

Property guardians also face a tight initial compliance window:

• Open a restricted "Court of Chancery Guardianship Account" at a Delaware bank within 30 days
• Close or retitle pre-existing individual or joint accounts held by the ward as directed by the final order, and transfer funds into the guardianship account
• File proof of compliance with the Register in Chancery confirming the account is open and funded
• File an inventory of all assets within 30 days of appointment

Cash withdrawals from the restricted account are prohibited. All payments must be made by check or debit, and the guardian must retain receipts and invoices for every transaction.

The Annual Update and Medical Statement (AUMS)

Every guardian — whether of person, property, or both — must file an Annual Update and Medical Statement using Form CM21. The deadline is the first day of the calendar quarter in which the original appointment occurred.

The AUMS must include:

• Updated contact information for the guardian and the ward
• A report on the ward's current care, residence, and general condition
• A fresh medical certification from an approved practitioner confirming the ongoing need for guardianship

The medical certification requirement means scheduling a medical-provider visit every year specifically for this purpose. The provider's statement must address whether the ward's condition has changed and whether the guardianship remains necessary.

Financial Accountings for Property Guardians

Property guardians face an additional layer of reporting under Court of Chancery Rule 114. The first accounting covers the first six months of estate administration and is due nine months after appointment. Subsequent accountings follow annually.

Each accounting must detail every dollar in and every dollar out — income received, expenses paid, investments made, and the current estate balance. The court reviews these filings to verify that the guardian is managing funds in the ward's best interest, not commingling assets, and not making self-interested transactions.

The Guardianship Monitoring Program

Delaware's Guardianship Monitoring Program (GMP) adds another oversight layer. Under Court of Chancery Rule 180-D, the GMP Director can file status and compliance reports directly into the court's electronic docket.

The monitoring program tracks whether guardians are filing their AUMS reports on time, maintaining proper financial records, and meeting the ward's basic needs. If the GMP identifies concerns — missed filings, changes in the ward's living situation that weren't reported, or financial irregularities — it can trigger a court review.

Guardians should treat the monitoring program as a resource, not a threat. Proactive communication with the GMP about changes in the ward's circumstances (a move to a new residence, a change in medical providers, a significant financial event) prevents problems from escalating.

Consequences of Non-Compliance

A guardian who fails to file the AUMS, misses accounting deadlines, or violates financial management rules faces real consequences:

• The court can issue an order to show cause requiring the guardian to explain the failure
• Persistent non-compliance can lead to guardian removal and replacement
• Property guardians who mismanage funds face personal liability and potential surcharge (a court order to repay misused funds from personal assets)

The court can also appoint a successor guardian on its own motion if it determines the current guardian is no longer serving the ward's best interest.

Planning for the Long Haul

Guardianship duties don't have an expiration date. Unless the court terminates the appointment, the guardian's obligations continue indefinitely. That means annual medical visits for the AUMS certification, meticulous financial recordkeeping, and prompt responses to court communications — every year.

Families entering this process should build these obligations into their annual calendar and budget. The Delaware Adult Guardianship & Alternatives Guide includes a compliance timeline and document tracking worksheets designed specifically for this ongoing work.

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