A guardian does not have to be related to the person for whom guardianship is sought (also known as the “protected person”), although preference is given to appropriate family members when several people ask the court to appoint the guardian. In general, the guardian is entitled to reasonable compensation. When appointed guardians, family members often serve without compensation. On the other hand, a professional guardian is not related by blood or marriage to the conservatee and receives financial compensation to carry out the legal liabilities granted by the court.
In all cases, the guardian has a legal right to reasonable compensation for the services provided. Reasonable compensation depends on the types of service provided and the skill of the tutor. The court will review the compensation paid to the guardian in the annual account submitted by the guardian. A family guardian is a person who is chosen or appointed by the court to act as the guardian of a child or minor who requires guardianship.
It is usually a blood relative of the child. Family guardianship arrangements can be made in cases where the child's parents have become incapacitated, have died, or are no longer in a position to care for the child. The guardian must take steps to preserve and protect assets, obtain property appraisals, and distribute income. In addition, courts generally do not appoint a person as a guardian of the family if they have a criminal record, especially one related to violent crimes or crimes against children.
The guardian may be asked to give consent and supervise medical treatment, as well as to monitor the conservatee's living conditions. The guardian must understand responsibilities, use common sense, and exercise good judgment to avoid problems. If any interested person believes that the guardianship should end but is still in effect, that person can ask the court to terminate the guardianship or wait until the next annual accounting and request termination at that time. The guardian should use reasonable care and caution when managing the conservatee's financial resources.
The guardian is responsible for deciding where the conservatee's liquid assets will be held and who will be responsible for overseeing the investments. As soon as practical, the courts want to put an end to guardianships, as there is a firm policy that states that a person should be able to control their own assets. However, the appointment of the backup guardian cannot be made on the objections of a non-custodial parent, unless it is determined that the custody of the non-custodial parent will be detrimental to the child. In the world of durable powers of attorney, the holder of a durable power of attorney for assets is similar to a curator, the holder of a durable power of attorney for health care is similar to the guardian.
Once a guardian is appointed for a child, such nomination remains effective even in the event of subsequent legal incapacity or death of the person making the nomination. Of the different types of duties and responsibilities entrusted to the guardian, the duty of accounting and financial management is the most important. In addition, the guardian must exercise his or her powers in a manner that provides the least restrictive form of intervention. If the ward is mentally incapacitated, the report should normally also contain a doctor's report detailing the ward's current physical and mental condition and whether guardianship is still required.
A guardianship requires someone to act on behalf of the conservatee and protect the conservatee during the period when the conservatee is unable to do so. Guardianship requires the guardian to make decisions regarding the care and support of the elderly or disabled person.
