Blogs :: Role of a Guardian

Guardians are tasked with protecting vulnerable individuals and assisting them with decisions that can range from educational to financial to medical to housing. Which decisions a Guardian assists with depend on the type of Guardianship in place (Guardianship of the Person or Guardianship of the Estate) and whether the Guardianship is Full or Limited. Guardians must meet the legal requirements established by the court. Some roles and restrictions are:

Responsibilities of a Guardian

  • Paying the Ward’s bills
  • Maintaining the Ward’s assets and making decisions concerning the assets
  • Making housing and medical decisions and making sure the Ward’s needs are met within the Ward’s resources
  • Filing annual reports with the court on the condition of the Ward in order to maintain Guardianship
  • Assuring the Ward is provided with food, clothing, medical care and shelter
  • The duty of care, control and protection of the Ward

Limitations of a Guardian

  • A Guardian cannot prevent the Ward from making bad decisions or poor choices
  • A Guardian is not responsible for any illegal activities a Ward commits
  • A Guardian is not responsible for personally supplying the Ward with funds for living expenses
  • A Guardian is not responsible for a Ward’s past debt
  • A Guardian cannot force a Ward to take medication
  • Guardians are not responsible for personally supervising the Ward around the clock
  • A Guardian cannot place the Ward in a mental health facility

Keep in mind that the annual report on the Ward’s condition must be completed each year in order to renew the Guardianship. The Letter of Guardianship expire one year and four months after they are issued. Failure to file an Annual Report may result in your removal as Guardian and may result in the assessment of fees against you individually and on your bond, and not from guardianship funds. The report is generated to assess the need for continuing Guardianship for the individual.

To arrange a consultation with an attorney, contact The Handley Law Office at 281.703.3616 or Boyd@TheHandleyLawOffice.com

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