Actions between Guardian and Ward

Guardians are allowed reasonable compensation for their services.  A debt owed by the guardian to the estate of the ward will be treated by the court as belonging to the estate of ward.  A release of the guardian by the ward will be set aside if there is any element of unfairness or undue advantage taken by the guardian.  When a minor ward attains the age of majority or dies, or an incapacitated ward regains the ability to manage his/her affairs, the guardianship does not automatically terminate.  The guardian must file a final return and petition the court to be dismissed as guardian.  The final return and petition for dismissal will show that the guardian has completed his/her service in full compliance with the law and has turned over all remaining property to the ward or to the personal representative of the estate of the deceased ward.  However, the guardian of a ward who dies intestate becomes the administrator of the estate by right of office.  S/he must conclude the affairs of the estate before being dismissed, unless a personal representative for the decedent’s estate is appointed by the court.

Guardians do not have authority to sell or mortgage any property of the ward without authority from the court.  The authority is sought by the filing of an application for leave to sell or encumber, describing the property to be sold or encumbered, the interest of the ward in the property and the type of sale or encumbrance proposed.

Guardians are allowed to recover and reimburse themselves for expenses incurred in connection with their services as guardians.  Guardians are also entitled to certain commissions received from the ward’s guardianship estate as compensation for the guardian’s service.  However, reimbursable expenses do not include expenses incurred by a guardian in carrying out things related to natural affection.  Reimbursable expenses include transportation costs, out-of-town lodging and meals, and other costs, losses and expenses actually incurred by the guardian.  The commissions payable to guardians of the property are computed in accordance with allowances set by law.  Guardians who unreasonably fail or refuse to file returns with the court forfeit the right to commissions for the year covered by the return.  Moreover, guardians removed by the Court for mismanagement are not entitled to receive commissions.


Inside Actions between Guardian and Ward