Obligations of a guardian or conservator of an adult
LIST Code: ES-03-02-04-00
LIST Code
ES-03-02-04-00
Title
Obligations of a guardian or conservator of an adult
Definition
Legal issues related to the duties, responsibilities, and limits of authority of a guardian or conservator appointed to manage an adult’s personal, medical, or financial affairs. This issue covers understanding what a guardian or conservator is legally required to do once appointed by a court. Obligations may include acting in the adult’s best interests, making appropriate health care or living decisions, managing finances responsibly, keeping accurate records, avoiding conflicts of interest, and respecting the adult’s rights and preferences to the greatest extent possible. The scope of duties depends on whether the appointment covers the person, the estate, or both. It also includes compliance with court oversight requirements, such as filing inventories, accountings, care plans, or annual reports, and seeking court approval for certain actions. Legal questions may involve what decisions require permission, how funds may be used, how to communicate with the protected person and family members, and consequences for failing to meet fiduciary duties. Standards and requirements vary by jurisdiction and type of appointment. Includes: - Duties and fiduciary responsibilities of guardians or conservators - Managing an adult’s personal, medical, or financial affairs - Acting in the best interests of the protected person - Recordkeeping, reporting, and court oversight requirements - Limits on authority and required court approvals - Accountability and consequences for misuse or neglect of duties - Rights of the protected adult in guardianship or conservatorship