What are the powers, duties and responsibilities of a guardian?
The Probate Code states that the guardian “has the same powers, rights and duties respecting the incapacitated person that a parent has respecting his unemancipated minor child …” It also states that “An incapacitated person for whom a guardian has been appointed retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted to the guardian by the court.” The court will grant the guardian only those decision-making powers required to provide for the incapacitated person’s care, comfort and safety. Unless limited by the court, the guardian’s powers generally include: a. Determining where the ward resides; b. Visiting the ward at least once per month; c. Arranging and giving consent for necessary care, treatment and other services (unless there is someone else, namely an “agent,” entitled to make health-care decisions); d. Ensuring that the ward’s basic daily personal needs are met, including food, clothing and shelter
