Powers and Duties of a Guardian
Sec 5314. Whenever meaningful communication is possible, an incapacitated individual’s guardian should consult with the incapacitated individual before making a major decision affecting the incapacitated individual. Except as limited under section 5306, an incapacitated individual’s guardian is responsible for the ward’s care, custody, and control, but is not liable to third persons by reason of that responsibility for the ward’s acts. In particular and without qualifying the foregoing, a guardian has all of the following powers and duties except as modified by court order: ”
- To the extent that it is consistent with the terms of an order by a court or competent Jurisdiction relating to detention or commitment of the ward, the guardian is entitled to custody of the person of the guardian’s ward and may establish the ward’s place of residence within or without this state. The guardian must notify the court within 14 days of a chance in the ward’s place of residence.
- If entitled to custody of the ward, the guardian must make provision for the ward’s care comfort, and maintenance and, when appropriate, arrange for the ward’s training and education. The guardian has the responsibility of securing services to restore the ward to the best possible state of mental and physical well-being so that the ward can return to self-management at the earliest possible time. Without regard to custodial rights of the ward’s person, the guardian must take reasonable care of the ward’s clothing, furniture vehicles and other personal effects and commence a protective proceeding if the ward’s other property is in need of protection.
- A guardian may give the consent or approval that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment, or service.
- If a conservator for the ward’s estate is not appointed, a guardian may:
- Institute a proceeding to compel a person under a duty to support the ward or to pay sums for the ward’s welfare to perform that duty.
- Receive money and tangible property deliverable to the ward and apply the money and property for the ward’s support, care, and education. The guardian shall not use money from the ward’s estate for room and board that the guardian or the guardian’s spouse parent or child have furnished the ward unless a charge for the service is approved by court order made upon notice to at least 1 of the ward’s next of kin, if notice is possible. The guardian shall exercise care to conserve any excess for the ward’s needs.
- The guardian shall report the condition of the ward and the ward’s estate that is subject to the guardian’s possession or control, as required by the court, but not less often than annually. A report under this subdivision must contain all of the following:
- The ward’s current mental, physical, and social condition.
- Any improvement or deterioration in the ward’s mental, physical, and social condition that occurred during the past year.
- The ward’s present living arrangement and any changes in his or her living arrangement that occurred during the past year.
- Whether the guardian recommends a more suitable living arrangement for the ward.
- Medical treatment received by the ward.
- Services received by the ward.
- A list of the guardian’s visits with, and activities on behalf of, the ward.
- A recommendation as to the need for continued guardianship.
- If a conservator is appointed, the guardian shall pay to the conservator, for management as provided in this act, the amount of the ward’s estate received by the guardian in excess of the amount the guardian expends for the ward’s current support, care, and education. The guardian shall account to the conservator for the amount expended.