A guardian of the person of another has those rights and powers reasonably necessary to provide adequately for the support, care, education and well-being of the ward. A guardian of the person is much like the parent of a child who has both the authority and the responsibility of making decisions for the child. This may mean that a guardian must make a decision which is considered to be in the ward’s best interest even if the ward voices an objection, much like a parent requiring a child to attend school or receive medical treatment. It is also the guardian’s duty to assist the ward in improving and developing any talents, skills or abilities the ward may have and to help the ward gain and maintain self-confidence and as much independence as may be appropriate to each circumstance. It is also the guardian’s responsibility to preserve and protect, to the extent possible under the circumstances, the dignity of the ward.

A guardian of the person is entitled to custody of the ward and may establish the ward’s residence, consistent with the terms of any restrictions or directions from the Court. The guardian is required to make arrangements, from funds available from the ward’s estate or other sources, to support the ward in the least restrictive environment, according to the needs and resources of the ward. The guardian may also participate in legal proceedings in the name of the ward and for the ward’s benefit. A guardian must be reasonably accessible to and maintain regular contact with the ward, should be friendly, courteous and tactful toward the ward at all times, and must respect and protect the individual rights and dignity of the ward. The Court’s order may limit or remove from the ward certain rights or may reserve to the ward certain rights, and the authority of the guardian will be governed by the Court’s order. Unless otherwise directed by the Court, the guardian will succeed to the rights removed from the ward, except that a guardian may not exercise the right to vote if removed from the ward.

Guardians of the person are, unless otherwise directed by the Court, required to periodically file with the Court written reports on the ward’s general condition, living circumstances, progress and development, and needs, and the guardian may also make recommendations to the Court concerning the ward or the ward’s needs. These reports are called Personal Status Reports and are covered more fully under the section on “Reporting Requirements.” It is also the guardian’s responsibility to keep the Court fully informed on the whereabouts of the guardian and ward, and the guardian must report to the Court any change in the address and telephone number of the guardian and his ward.

SOURCE: Catoosa County Probate Court