What Are The Duties Of A Guardian And A Conservator?

A guardian must always act in the best interest of the ward. The guardian of a minor is charged with responsibility for the minor`s custody and control, and must act and make decisions relative to the minor`s education, support and maintenance. A guardian of an incapacitated person must act and make decisions relative to the ward`s care, treatment, shelter, education, support and maintenance. A guardian must assure that the ward resides in the least restrictive setting reasonably available and receives all medical care that he or she may need. A guardian may give necessary legal consent for the ward`s treatment. However, a guardian may not admit the ward to a mental health facility for more than 30 days without a court order. A guardian must report to the court, at least annually, on the ward`s physical condition. A conservator, under the supervision of the court, is responsible for the protection and management of the protectee`s financial estate. The conservator must properly and prudently invest the protectee`s assets, apply such assets for the protectee`s care and maintenance, and account for all funds received and expended on behalf of the protectee. Because of the strict accounting requirements imposed by law and the necessity of obtaining a court order authorizing most expenditures from the estate, the conservator must work closely with an attorney in order to administer the protectee`s estate properly, no matter how large or small it may be.

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