What are the duties of a legal guardian for aging parents?

What are the duties of a legal guardian or conservator?

A legal guardian or conservator is appointed by the court when an individual has been determined to be mentally or physically incapacitated. This can also be a minor who is in need of an adult to manage their assets.

Guardians

A guardian has a fiduciary duty to act in the best interest of their ward. The guardian is in charge of providing a place to live and ensures that all of the ward’s medical needs are met. The guardian also has some financial responsibilities, mostly paying bills and buying items that are needed on a daily basis.

If the ward is a minor, the guardian should make sure the ward is getting a proper education.

Conservators

A conservator is necessary when the ward has more financial assets. The conservator maintains communications with the ward’s financial institutions to be sure that everything is being dealt with properly. This person also decides when any real estate or other property should be bought or sold.

An accounting of all of the actions taken by the conservator on the ward’s behalf is required by the court every year.

Conclusion

Guardianship and conservatorship laws vary by state. If you are asked to serve as a guardian or conservator, make sure you get trusted counsel before accepting this responsibility.

Learn more about the duties of a guardian or conservator here.

Kevin Miller is a guardianship attorney. He has extensive experience with guardianships and conservatorships and understands the Oklahoma laws regarding the guardianship process in Oklahoma courts. If you have questions about the guardianship process or would like to make an appointment, please contact us.

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