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.
Each person appointed guardian of the person and estate of a minor shall have the custody of the ward, the obligation to provide for the education of the ward, and the management of the ward’s estate during minority, unless the guardian is removed or discharged from that trust or the guardianship terminates from any of the causes specified in Chapters 2101 to 2131 of the Revised Code of Ohio.
In addition to a guardian’s other duties, every guardian appointed to take care of the estate of a ward shall have the following duties:
(1) To make and file within three months after the guardian’s appointment a full inventory of the real and personal property of the ward, its value, and the value of the yearly rent of the real property, provided that, if the guardian fails to file the inventory for thirty days after having been notified of the expiration of the time by the probate judge, the judge shall remove the guardian and appoint a successor;
(2) To manage the estate for the best interest of the ward;
(3) To pay all just debts due from the ward out of the estate in the possession or under the control of the guardian, collect all debts due to the ward, compound doubtful debts, and appear for and defend, or cause to be defended, all suits against the ward;
(4) To obey all orders and judgments of the courts touching the guardianship;
(5) To bring suit for the ward when a suit is in the best interests of the ward;
(6) To settle and adjust, when necessary or desirable, the assets that the guardian may receive in kind from an executor or administrator to the greatest advantage of the ward. Before a settlement and adjustment is valid and binding, it shall be approved by the probate court and the approval shall be entered on its journal. The guardian also shall have the approval of the probate court to hold the assets as received from the executor or administrator or to hold what may be received in the settlement and adjustment of those assets.
No guardian appointed to take care of the estate of a ward may open a safety deposit box held in the name of the ward until the probate court issues a release to the guardian permitting the guardian to have access to the safety deposit box, which the court shall issue upon the guardian filing a request to obtain that access.