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Legal duties and responsibilities of guardians and conservators

On Behalf of | Nov 10, 2020 | Guardianship & Conservatorship |

In the unfortunate event that a family member in Georgia has become incapacitated or a minor has lost their parents, the courts will appoint a guardian or conservator to that person. Confusion may arise between these two terms when a person begins to receive their responsibilities. The fact is that duties will often overlap with each other.

Guardian duties and responsibilities

The duties of a guardian are to provide the child or person incapacitated with a place to live as well as provide them with basic living necessities. These may include paying for their food, clothes and any other expenses needed to live a comfortable life. In addition, a guardian will be provided the legal power to make medical decisions on behalf of the person. It should be noted that their medical decision power may be limited depending on the ward’s status.

Legal barriers

Depending on which state you live in, guardianship and conservatorship appointees will need to abide by certain legal barriers. For example, if you think that selling the wards’ property is in the best interest of everyone involved, then you may need court approval before moving any further. Selling a property without legal approval can land you in hot legal problems with the remaining family members.

Conservator legal responsibilities

When wards have many more assets than the conservator, the conservator is legally required to make an account of all the financial and legal actions they’ve taken on behalf of the ward. Some states may even require a doctor’s note about the state of the ward’s mental and physical capabilities.

If you are about to enter this type of legal situation, you may want to find an attorney experienced in this area of law. Doing so may place you in a much better position when all is said and done.