QUESTION

If a person is a guardian what are they allow to do???? What is there main duty??? And are they an officer of the court???

Asked on Mar 10th, 2012 on Guardianship and Conservatorship - Missouri
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1 ANSWER

Dear Anonymous, Your questions did not indicate if you were inquiring of guardianship of minors or adults, but I am going to go with adults without having all the details needed to give you a more accurate answer.  All information provided below is directly from or based upon the State of Illinois' Probate Act ILCS 755: GUARDIANSHIP OF THE PERSON OF DISABLED ADULTS:  To the extent ordered by the court and under the direction of the court, a personal guardian has custody over the Ward and the Ward's minor children and adult dependant children and shall procure for them and make provision for their support, care, comfort, health, education and maintenance.  If the Ward is married, that spouse cannot be deprived of the custody and education of the Ward's minor children and adult dependant children  without that spouse's content unless the judge finds the spouse to be unfit and incompetent.  The guardian shall assist the Ward in the development of maximum self reliance and independence.The guardian will make periodic reports to the courts as ordered as to the Ward's condition and can petition court for the guardian of the estate to make payment of any fees needed for any professional services which were necessary for the care of the Ward.  A guardian CANNOT  unilaterally admit a Ward to a mental health facility. GUARDIANSHIP OF THE ESTATE OF DISABLED ADULTS:  To the extent specified in the court order establishing the guardianship, the guardian of the estate shall have the care, management and investment of the estate, shall manage the estate frugally and shall apply the income and principle of the estate so far as necessary for the comfort and suitable support and education of the Ward, his minor and adult dependent children, and persons related to him by blood or marriage who are dependent upon or entitled to support from him, or for any other purposes which the court deems to be in the best interests of the Ward.  The guardian  may make disbursement of his Ward's funds and estate directly to the Ward or other distributee or in such other manner  and in such amounts as the court directs. To sum up all that legal mumbo jumbo:  Someone's got to look out for the person's person and someone's got to watch over the person's money.  Sometimes that can be the same person and sometimes not because you cannot  trust just anybody to hold your money...sometimes not even your mama.  You also asked if a guardian is an officer of the court.  The answer to that is no, but they have to make requests of the court before they do certain things.  This ensures the best interests of the Ward is being carried forth.  You may be thinking of a Guardian Ad Litem (GAL) - who IS an officer of the court.  This is someone appointed to do an assessment of the prospective Ward prior to the court making any sort of ruling and entering any sort of order. Hope this has helped in some way.  Best wishes with your matter.
Answered on Mar 10th, 2012 at 6:08 PM

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