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Guardianship of the Person or of the Estate

Guardianship of the Person

When the court appoints a guardian of the person, the guardian may have the following responsibilities:
  • Determine and monitor residence
  • Consent to and monitor medical treatment
  • Consent and monitor non-medical services such as education and counseling
  • Consent and release of confidential information
  • Make end-of-life decisions
  • Act as representative payee
  • Maximize independence in least restrictive manner
  • Report to the court about the guardianship status at least annually

Guardianship of the Estate or Property

"Estate" is defined as real and personal property, tangible and intangible, and includes anything that may be the subject of ownership. When the court appoints a guardian of the estate, the guardian is assigned the following responsibilities:
  • Marshall and protect assets
  • Obtain appraisals of property
  • Protect property and assets from loss
  • Receive income for the estate
  • Make appropriate disbursements
  • Obtain court approval prior to selling any asset
  • Report to the court or estate status