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 otherwise provided by law or by the court, a guardian is empowered to make decisions regarding the ward’s support, care, education, health, and welfare.
A guardian must:
- To the extent feasible, encourage the ward to participate in decisions, act on the ward’s own behalf, and develop or regain the capacity to manage the ward’s personal affairs.
- To the extent known, a guardian, in making decisions, shall consider the expressed desires and personal values of the ward. A guardian shall at all times act as a fiduciary in the ward’s best interest and exercise reasonable care, diligence, and prudence.
- Respect the rights and dignity of the ward;
- Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward’s capacities, limitations, needs, opportunities, and physical and mental health;
- If necessary, petition to have a conservator appointed;
- Endeavor to cooperate with the conservator, if any;
- Take reasonable care of the ward’s personal effects;
- Arrange for the support, care, education, health, and welfare of the ward, considering the ward’s needs and available resources;
- Expend money of the ward that has been received by the guardian for the ward’s current needs for support, care, education, health, and welfare;
- Conserve for the ward’s future needs any excess money of the ward received by the guardian; provided, however, that if a conservator has been appointed for the ward, the guardian shall pay to the conservator, at least quarterly, money to be conserved for the ward’s future needs;
- Within 60 days after appointment and within 60 days after each anniversary date of appointment, file with the court and provide to the ward and to the conservator, if any, a personal status report
- Promptly notify the court of any change in the ward’s condition that in the opinion of the guardian might require modification or termination of the guardianship;
- Promptly notify the court of any conflict of interest between the ward and the guardian when the conflict arises or becomes known to the guardian and take any action as is required by Georgia Code; and
- Keep the court informed of the guardian’s current address.
A conservator must:
- Receive, collect, and make decisions regarding the ward’s property.
- At all times act as a fiduciary in the ward’s best interest and exercise reasonable care, diligence, and prudence.
- to the extent feasible, encourage the ward to participate in decisions, act on the ward’s own behalf, and develop or regain the ability to manage the ward’s property.
- Respect the rights and dignity of the ward;
- Be reasonably accessible to the ward and maintain regular communication with the ward;
- If necessary, petition to have a guardian appointed;
- Endeavor to cooperate with the guardian, if any;
- Provide for the support, care, education, health, and welfare of the ward and persons who are entitled to be supported by the ward, to the extent consistent with the current and future needs and resources of the ward;
- Give such bond as required by Code Section 29-5-40;
- Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the ward’s property and a plan for administering the property, pursuant to the provisions of Code Section 29-5-30.
- Take into account any estate plan of the ward known to the conservator in the administration of the conservatorship;
- Keep accurate records, including adequate supporting data, and file annual returns, as required;
- Promptly notify the court of any change in the ward’s condition that in the opinion of the conservator might require modification or termination of the conservatorship;
- Promptly notify the court of any conflict of interest between the ward and the conservator when the conflict arises or becomes known to the conservator and take such action as is required; and
- Keep the court informed of the conservator’s current address.