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the case of a minor, notice of the application must be served before the hearing:
upon the minor (if over the age of 14 years); his or her parents and spouse, if
any; anyone having care and custody of the minor; and any agency charged with
supervision, control or custody. In the case of an alleged incapacitated or disabled
person, notice of the application must be served: upon the respondent; his or her
spouse, parents, children or other close relative over the age of 18 years; any person
acting in a representative capacity with respect to any of the respondent’s nancial
resources; and any person having care and custody of the respondent.
What Are the Duties of a Guardian and a Conservator?
A guardian must always act in the best interest of the ward. The guardian of a
minor is charged with responsibility for the minor’s custody and control, and must
act and make decisions relative to the minor’s education, support and maintenance.
A guardian of an incapacitated person must act and make decisions relative to the
ward’s care, treatment, shelter, education, support and maintenance. A guardian must
assure that the ward resides in the least restrictive setting reasonably available and
receives all medical care which he or she may need. A guardian may give necessary
legal consent for the ward’s treatment. However, a guardian may not admit the ward
to a mental health facility for more than 30 days without a court order. A guardian
must report to the court, at least annually, on the ward’s physical condition.
A conservator, under the supervision of the court, is responsible for the protection
and management of the protectee’s nancial estate. The conservator must properly
and prudently invest the protectee’s assets, apply such assets for the protectee’s
care and maintenance, and account for all funds received and expended on behalf
of the protectee. Because of the strict accounting requirements imposed by law and
the necessity of obtaining a court order authorizing most expenditures from the
estate, the conservator must work closely with an attorney in order to administer
the protectee’s estate properly, no matter how large or small it may be.
Is the Conservator or Guardian Personally Liable for the
Debts of the Protectee or Ward?
No, as long as the conservator indicates that he or she is acting on behalf of the
protectee or ward in a representative capacity. In addition, neither the conservator
nor the guardian assumes personal responsibility for the protectee’s or ward’s
debts that may have been incurred by the protectee or ward prior to the court’s
determinations that he or she is an incapacitated or disabled person. Of course,
unauthorized use of the protectee’s estate or misappropriation of the protectee’s
property by either the conservator or guardian will likely require revocation of
legal authority as conservator or guardian by the court and may result in personal
liability for any harm or loss suffered by the estate.