Massachusetts Form MPC 821: Filing the Guardian’s Care Plan Report

If you are a court-appointed guardian of an incapacitated adult in Massachusetts, you complete the Massachusetts Form MPC 821 Guardian’s Care Plan Report by filling out the Trial Court’s fillable PDF, describing the person’s condition, care, and finances for the reporting period, then filing it with the Registry of Probate in the county handling your case and serving a copy on the incapacitated person. The first report is due within 60 days of your appointment, and another is due every year on that anniversary for as long as the guardianship lasts.¹

When Your Report Is Due

M.G.L. c. 190B, § 5-309 sets three filing points for every guardian of an incapacitated adult.²

An initial report within 60 days of your appointment.
An annual report on each anniversary of the appointment date.
A final report when the guardianship ends, whether because the person has died, regained capacity, or the court has terminated or transferred the guardianship. File the final report as soon as the guardianship ends rather than waiting for the next annual date.¹

The court can also order a report at any time outside these intervals if it has concerns about the guardianship.² On the form itself, you will mark whether the filing is initial, annual, or final. Anniversary dates slip past guardians easily; set a calendar reminder, because the court tracks compliance systematically.

What the Form Asks You to Cover

MPC 821 is a narrative account of how the incapacitated person is doing. The statute requires seven topics, and the form breaks those into more specific questions.² The main sections are:

The person’s current mental, physical, and social condition.
Every address where the person lived or stayed during the reporting period, with dates and facility type.
Medical, educational, vocational, and other services received, and your opinion on whether they are adequate.
Whether the person is currently receiving any antipsychotic medication.
Whether any criminal charges or reports of abuse or neglect involving the person have been filed since the last report.
Your visits, contact with caregivers and providers, and other activities on the person’s behalf.
The extent to which the incapacitated person participated in personal and health care decisions.
Your overall rating of the level of care as very good, good, adequate, or poor.
Whether the guardianship should continue and whether its scope should be narrowed or expanded.
Expected changes in residence, services, or care levels over the next 18 months.
A financial summary for the reporting period, your Representative Payee status, and whether a conservator has been appointed.

Filling In the Harder Sections

Condition and Living Arrangements

Describe the person’s condition in plain terms rather than clinical jargon. If mobility has declined, say so; if social engagement has improved, say that too. List every residence or facility with the type of setting and the dates of each stay, including temporary hospitalizations. You will also be asked whether the current arrangements and level of care are in the person’s best interest. Massachusetts law requires you to exercise authority “only as necessitated by the incapacitated person’s mental and adaptive limitations” and to encourage independence wherever possible.³ If a less restrictive setting would work, say so on the form.

Services, Medication, and Protection

Name each service provider and describe the service, rather than writing that “medical care was provided.” State whether you think the services meet the person’s needs. The antipsychotic medication question is yes-or-no, but the court pays close attention to a yes because of the significant effects of these drugs. The protection question is also yes-or-no; if the answer is yes, explain the circumstances. A “no” here is normal for most filings.

Visits, Decisions, and the Care Rating

Describe how often you visited, what those visits looked like, and what contact you had with caregivers and health care providers. The statute specifically requires you to report “the extent to which the incapacitated person participated in decision-making.”² If the person expressed preferences about housing, meals, or medical care and you honored them, document that. If the person’s condition prevented meaningful participation, explain that honestly. Back up your overall care rating with the details already in the report. A “poor” rating without explanation will draw court scrutiny, and a “very good” rating that contradicts problems described elsewhere will too.

Recommended Changes and Future Care

State whether the guardianship should continue and whether its scope should change. If the person’s condition has improved, you are obligated to report it. Guardians must “immediately notify the court if the incapacitated person’s condition has changed so that he or she is capable of exercising rights previously limited.”³ For future care, describe expected changes over the next 18 months.

Finances

The financial section asks whether you serve as Representative Payee for Social Security benefits, whether you hold any of the person’s funds outside that role, and whether a separate conservator has been appointed. You will also complete a summary of activity for the reporting period: beginning balance, money received, payments to care providers, money paid directly to the incapacitated person, any guardian fees paid to you, other expenses, and ending balance. Keep records throughout the year; reconstructing this from memory at filing time produces errors.

A guardian handles personal care decisions and a conservator handles property and financial affairs, so if a conservator has been appointed separately, that person files their own accounting. The financial section on MPC 821 covers only funds directly in your possession or control as guardian.⁴

Where to Get the Form

MPC 821 is available as a fillable digital form through the Massachusetts Trial Court’s online forms library at courtforms.jud.state.ma.us.⁵ A link is also on the Mass.gov page for the Probate and Family Court.⁶ Fill in the fields on screen, then click “Save as PDF” to generate a printable copy. Once you save the PDF you cannot edit it, so review everything before saving. The “Reset” button clears all fields if you need to start over.

How to File and Serve the Report

File the completed report with the Registry of Probate in the county where your guardianship case is pending. Addresses and contact information for every Probate and Family Court are on the court’s website.⁷ You can deliver the report in person or mail it. Contact the registry before filing to confirm any current fee and accepted payment methods; the cost for a care plan report differs from other probate filings and fee schedules can change.

You must also serve a copy on the incapacitated person. Keep proof, whether a signed acknowledgment or a certificate of mailing, in case the court asks for it. Serving the person is not just a formality; it reflects the law’s emphasis on keeping the person under guardianship informed about decisions affecting their life.

After You File

The statute requires the court to maintain a monitoring system that includes review of annual reports.² A court investigator or designee may review your filing and follow up if something raises concerns, such as a reported decline in condition, a “poor” care rating, an abuse allegation, or missing financial information. The court can also appoint a guardian ad litem to investigate further. Most routine annual reports are reviewed without incident. If the court has questions, you will typically get a letter or notice; respond promptly, because delay can escalate a routine inquiry into a compliance issue.

If You Miss the Deadline

Missing a filing deadline triggers the court’s compliance process. The court can issue a Notice of Non-Compliance, and continued failure to file can lead to removal as guardian upon petition by the incapacitated person or any interested party.² If you are struggling to complete the report on time, contact the Office of the Advisory Committee on Guardianship and Conservatorship at OAGCO@jud.state.ma.us; the office offers help and hosts monthly virtual sessions for guardians.¹

Two Things the Form Is Testing

Every section of MPC 821 comes back to two obligations. Act in the person’s best interest with reasonable care and diligence, and use the least authority necessary, encouraging the person to participate in decisions, act independently where they can, and develop or regain the ability to manage their own affairs.³ Guardians who complete the form most easily are the ones who stay actively involved through the year and keep notes on visits, care decisions, and financial transactions as they happen.

One boundary worth knowing when you describe medical decisions on the report: a guardian cannot revoke a health care proxy the incapacitated person signed before losing capacity. If a proxy is in effect and its agent makes a health care decision, that decision takes priority over the guardian’s unless the court orders otherwise.² Be clear on the form about who made which medical decisions and under what authority.

1
Mass.gov. Reporting Requirements of Guardians and Conservators of Adults
2
General Court of Massachusetts. Massachusetts Code 190B 5-309 – Judicial Appointment of Guardian: Duties and Powers
3
Mass.gov. Massachusetts Code 190B 5-309 – Judicial Appointment of Guardian: Duties and Powers
4
Mass.gov. General Information Regarding Guardianships and Conservatorships MPC 190
5
Massachusetts Trial Court. Guardian’s Care Plan Report
6
Mass.gov. Probate and Family Court Guardian’s Care Plan Report MPC 821
7
Mass.gov. Probate and Family Court Locations