Guardianship Services

When the court appoints a guardian of the person, the guardian may have the following responsibilities:

• Determine and monitor residence
• Consent to and monitor medical treatment
• Consent and monitor non-medical services such as education and counseling
• Consent and release of confidential information
• Make end-of-life decisions
• Act as representative payee
• Maximize independence in least restrictive manner
• Report to the court about the guardianship status at least annually

“Estate” is defined as real and personal property, tangible and intangible, and includes anything that may be the subject of ownership. When the court appoints a guardian of the estate, the guardian is assigned the following responsibilities:

• Marshall and protect assets
• Obtain appraisals of property
• Protect property and assets from loss
• Receive income for the estate
• Make appropriate disbursements
• Obtain court approval prior to selling any asset
• Report to the court on estate status

When a person (the principal) signs a power of attorney, they grant authority to another person (an agent) to act in the place of the principal, whether or not the term "power of attorney" is used.  Unless stated otherwise, a power of attorney is effective as of the date it is signed.  A "durable" power of attorney means that it is not terminated by the principal's incapacity.  A "springing" power of attorney means that the power of attorney only goes into effect once a set of predetermined circumstances are met.  A Power of Attorney is terminated with the principal's death.

• A Health Care Power of Attorney is a document in which the person signing the document (principal) authorizes another person (agent or attorney-in-fact) to make health care decisions for the principal.  The Power of Attorney may be very broad and include end-of-life decisions, such as withholding or withdrawing life support, or a be limited to specific health care decisions.  To be valid, the Health Care Power of Attorney must be in writing and signed by the principal.

• A Financial Power of Attorney is a legal document in which the person signing the document (principal) authorizes another person (agent or attorney-in-fact) to make financial decisions for the principal.  The Power of Attorney may be very broad and include every type of transaction the principal could do, or may be limited to specific transactions for a piece of property.  Additionally, a person may designate who he or she wishes to be appointed as his or her conservator, if one becomes necessary.