Probate Code
Each state’s laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian’s powers and responsibilities.
Except as may be specified by an order of the court, a guardian has the following powers and duties:
- To take physical custody of the person of his or her ward and establish the ward’s place of abode within this state or, with court permission, outside of this state;
- To make provision for the care, comfort, and maintenance of his or her ward;
- To take reasonable care of his or her ward’s clothing, furniture, vehicles, and other personal effects and commence protective proceedings if other property of his or her ward is in need of protection;
- To give consent or approval the ward to receive medical, psychiatric, psychological, or other professional care, counsel, treatment, or service;
- To report the condition of his or her ward’s estate at least once per year;
- If no conservator has been appointed, to prepare and file a complete inventory of the ward’s estate with the appointing court within 30 days after appointment.
If no conservator for the estate of the ward has been appointed, a guardian may institute proceedings to compel any person under a duty to support the ward or to pay sums owed, receive money and property owed to the ward and apply the money and property to his or her support, care, and education, exercising care to conserve any excess for the ward’s needs, but a guardian may not use funds from his or her ward’s estate for room and board which the guardian or the guardian’s spouse, parent, or child has furnished the ward unless a charge for the service is approved by order of the court made upon notice to at least one of the next of kin of the ward, if notice is possible.
A guardian may not use funds from his or her ward’s estate to pay for room and board provided by the guardian, or his or her spouse, parent, or child, unless a the charge for the service is approved by court order.
The conservator shall expend or distribute sums reasonably necessary for the support, education, care or benefit of the protected person with due regard given to the size of the estate; the probable duration of the conservatorship; the likelihood that the protected person may be able to manage his own affairs in the future; the standard of living to which the protected person and members of his household are accustomed; and other resources available for the support of the protected person.
The conservator may also expend funds of the estate for the support of the protected person’s dependents and other members of the protected person’s household and who are unable to support themselves; and, with the court’s approval, make gifts to charity of up to 20% of the income of the estate.
Upon the death of the protected person, the conservator shall deliver his or her will to the court for safekeeping, inform the executor or a beneficiary named therein that he has done so, and retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled thereto.