Representation of Guardians

It is common for an individual to act as guardian for a close family member provided he or she is qualified to do so. The formal qualifications are minimal; a nonprofessional guardian must also complete 2-3 hours of free online training offered by the State.

Once a guardianship is established, the court has continuing oversight over the affairs of the Ward until the guardianship is terminated.

Within 90 days of being appointed, a Guardian of the Estate must prepare an Inventory of the Ward’s assets and file it with the court; that is followed by regular accountings of income received and expenditures made during the reporting period. Similarly, a Guardian of the Person must submit a Personal Care Plan within 90 days of being appointed, and update it regularly, explaining how the personal needs of the Ward are being met.

Certain procedures must be followed to protect a Ward’s assets. Generally, this involves either obtaining a bond, which insures the ward’s estate from any loss due to the Guardian’s negligence or malfeasance; or placing funds in a “blocked” account, from which withdrawals cannot be made without a court order. Often it is advantageous to do some combination of bonding and blocking.

Extraordinary financial transactions, such as selling the Ward’s house, initiating or participating in litigation on the Ward’s behalf, or making gifts of the Ward’s property, require special court permission.

A Guardian is required to report to the court, within 30 days, any substantial change in the incapacitated person’s condition or change of residence.

We provide advice and legal representation to Guardians, Trustees, Executors, Attorneys-in-Fact and other fiduciaries. We also represent interested parties in any matter related to a Guardianship, Power of Attorney, Trust, or Estate.

If you have any questions or would like to schedule an appointment, please call us at (425) 455-5513, toll free at (877) 455-5513, or info@palmerlegal.com.