A guardian who is given authority over property of the ward is required to inventory the property, invest it prudently, use it for the ward’s support, and account for it by filing detailed annual reports with the court. In addition, the guardian must obtain court approval for certain financial transactions.
The guardian of the ward’s person may exercise those rights that have been removed from the ward and delegated to the guardian, such as providing medical, mental and personal care services and determining the place and kind of residential setting best suited for the ward. The guardian of the person must also present to the court every year a detailed plan for the ward’s care along with a physician’s report.
The clerk of the court reviews all annual reports of guardians of the person and property and presents them to the court for approval. A guardian who does not properly carry out his or her responsibilities may be removed by the court. Guardians may also be held accountable and removed as guardian if they fail to carry out their duties – because they become ineligible to act as guardian. At their choosing, a guardian may resign by providing notice to the court.
Note: Guardians are usually required to furnish a bond and may be required to complete a court-approved training program. A guardian must also be represented by an attorney who will serve as “attorney of record.”
For help or answers to estate-related questions, you can contact BaskinFleece at 727.572.4545.