What are the responsibilities of a guardian?
Under a limited guardianship, a guardian may only make those decisions that the court has authorized the guardian to make. This may include the authority and responsibility for some, but not all of the decisions identified below.
Under a full guardianship, the guardian is generally responsible for:
- Determining where the ward lives
- Making sure that the ward’s basic needs (including food, clothing and comfort) are met
- Making decisions about the ward’s health care, habilitation and treatment
- Keeping track and taking care of the ward’s property and personal possessions
- Making some financial decisions for the ward, if the ward does not have a conservator
- Protecting and advocating for the ward’s rights.
Under a full conservatorship, the conservator is generally responsible for:
- Using the protected person’s income and financial resources to provide for the person’s care, support and comfort, and to pay the person’s bills and debts
- Keeping track and taking care of the protected person’s property and personal possessions
- Investing or selling the protected person’s assets and property, if this needs to be done to meet the person’s needs.
Guardians must report to the court annually about their guardianship activities, the condition of the ward, and the status and condition of the ward’s estate. Guardians should consult with an attorney about their specific responsibilities in this area.
Are guardians responsible for the financial, civil, or criminal acts of wards?
Generally, no. Guardians are not legally obligated to use their own funds to provide for their wards. Nor is a guardian generally liable for financial acts of the ward. The law does require, however, that a guardian use the ward’s funds only in the ward’s interest. A guardian may also be held responsible for the ward’s acts if the guardian has been negligent.
