Professional Guardian

What is a guardian?

A guardian is a person appointed by the court to make healthcare and other mostly non-monetary decisions for someone who cannot make these types of decisions because of an injury, illness, or disability.

Guardianship

We can act as guardians for a person who is impaired by reason of a substance use disorder or addiction, physical illness or disability, mental deficiency, or other clear cause, to the extent that the person lacks sufficient understanding of capacity to make or communicate reasonable decisions concerning his or her person. The guardian is given authority by order of the Probate Court.

A guardian can have full authority or limited authority depending on the person’s capacity. Guardians have the power to care for their ward to the extent that the court allows them to do so. The Court will order the guardian to have the authority to meet the specific needs of the ward. Guardians are in a position of trust and must act in their best interests. 

Duties of a Guardian

A guardian with full authority has the power to:

1. Establish where the ward will live, within the state or elsewhere with court’s permission;
2. Arrange for the ward’s medical care
3. Take care of the ward’s personal effects (clothing, furniture, vehicles, personal items, etc.)
4. Give the necessary consent, approval, and releases on behalf of the ward
5. Arrange for training, education, or other habilitating services for the ward
6. Apply for private or governmental benefits that the ward is entitled to receive
7. Take the necessary steps to ensure that anyone required to help support the ward does so
8. Enter into contractual arrangements on behalf of the ward, if no conservator is appointed
9. Receive money and tangible property on behalf of the ward and use these funds for the ward’s room and board, medical care, personal effects, training, education, and services
10. Utilize any other power the court may delegate
11. Creating an inventory of the assets and submitting it to the court
12. Filing periodic accountings of the assets with the court
13. Paying the bills and taxes of the conservatee
14. Ensuring the valuable assets are properly insured