Duties of Guardian

The court may authorize the guardian to exercise power over the ward if it finds by clear and convincing evidence that the ward lacks evaluative capacity to exercise power on his/her own.  The court will only authorize the guardian to exercise power that is necessary to provide for the ward’s personal needs, safety, and rights and in a manner that is appropriate to the individual ward.  In addition, a guardian must exercise powers in a manner that provides the least restrictive form of intervention.

The powers that the court may transfer to the guardian of the person in full or in part include:

• the power to provide informed consent to voluntary or involuntary medical examination and treatment if it is in the ward’s best interest.

• the power to consent to experimental treatment if the court finds that the ward’s mental or physical condition is life-threatening and the court decides that the proposed experimental treatment is in the ward’s best interest;

• the power to provide informed consent to social and supported living services;

• the power to provide informed consent to the release of confidential records other than court, treatment, and patient health care records;

• the power to make decisions related to mobility and travel;

• the power to choose providers of medical, social, and supported living services;

• the power to make decisions regarding initiating a petition for the termination of marriage;

• the power to receive all notices on behalf of the ward;

• the power to act in all proceedings as an advocate of the ward;

• the power to have custody of the ward; and

• any other power the court specifically identifies.


Inside Duties of Guardian