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Duties & Responsibilities
Overview
A guardian of the person must make arrangements for the minor's care, comfort, health, and education, and consent to any medical care or treatment the minor may need. The Court may require a guardian of the person to make a report to the court periodically about the minor's mental, physical, and social condition, his current living arrangements, and any medical, educational, and other professional services the minor has received.
A guardian of the estate must care for, manage, and invest the ward's estate and spend what money is needed for the ward's comfort, support, and education, subject to approval by the Probate Court.
Rules for the Guardian of the Estate
Inventory
A guardian of the estate must file an inventory with the court within 60 days after the guardian is appointed, listing all the minor's assets. (The requirement of filing an inventory is excused if the minor's money has all been deposited in an account subject to withdrawal only upon court order.)
Certificate of Depository
If money is deposited in an account subject to withdrawal only upon court order, the guardian of the estate must file with the clerk a receipt from the bank. The receipt is called a certificate of depository.
Withdrawals of Minor's Funds
If the ward's money is deposited in a government insured account subject to withdrawal only upon court order, a petition must be filed with the court any time a parent or guardian wants to withdraw any money to spend for the minor's needs.
Annual Accounts
The guardian of the estate must file an account with the court once a year showing all money received and all money spent and the cash remaining on hand at the end of the accounting period. The guardian must appear in court to get the accounting approved by the Judge. Call the Probate Clerk to get a court date for approval of the account when it is ready.
The requirement of filing an account is excused if the minor's money has all been deposited in an account subject to withdrawal only upon court order.
It is important to keep detailed records of all money received and all money spent on behalf of the minor. If the guardian cannot explain to the Court what has been done with the money of the minor, or if the money has been mismanaged or misused, the guardian may be held liable for the money and have to pay it back to the minor.
Settlement of a Claim for Personal Injuries
A guardian of the estate must obtain the approval of the court to settle a personal injury claim of a minor by filing a petition with the court. A form petition for court approval is available in the Clerk's Office. A report from the attending physician stating the nature and extent of the injury must be filed with the petition. The minor must appear in court on the hearing date. The court may appoint an independent attorney to investigate the settlement and to report back to the court.
A guardian of the person must make arrangements for the minor's care, comfort, health, and education, and consent to any medical care or treatment the minor may need. The Court may require a guardian of the person to make a report to the court periodically about the minor's mental, physical, and social condition, his current living arrangements, and any medical, educational, and other professional services the minor has received.
A guardian of the estate must care for, manage, and invest the ward's estate and spend what money is needed for the ward's comfort, support, and education, subject to approval by the Probate Court.
Rules for the Guardian of the Estate
Inventory
A guardian of the estate must file an inventory with the court within 60 days after the guardian is appointed, listing all the minor's assets. (The requirement of filing an inventory is excused if the minor's money has all been deposited in an account subject to withdrawal only upon court order.)
Certificate of Depository
If money is deposited in an account subject to withdrawal only upon court order, the guardian of the estate must file with the clerk a receipt from the bank. The receipt is called a certificate of depository.
Withdrawals of Minor's Funds
If the ward's money is deposited in a government insured account subject to withdrawal only upon court order, a petition must be filed with the court any time a parent or guardian wants to withdraw any money to spend for the minor's needs.
Annual Accounts
The guardian of the estate must file an account with the court once a year showing all money received and all money spent and the cash remaining on hand at the end of the accounting period. The guardian must appear in court to get the accounting approved by the Judge. Call the Probate Clerk to get a court date for approval of the account when it is ready.
The requirement of filing an account is excused if the minor's money has all been deposited in an account subject to withdrawal only upon court order.
It is important to keep detailed records of all money received and all money spent on behalf of the minor. If the guardian cannot explain to the Court what has been done with the money of the minor, or if the money has been mismanaged or misused, the guardian may be held liable for the money and have to pay it back to the minor.
Settlement of a Claim for Personal Injuries
A guardian of the estate must obtain the approval of the court to settle a personal injury claim of a minor by filing a petition with the court. A form petition for court approval is available in the Clerk's Office. A report from the attending physician stating the nature and extent of the injury must be filed with the petition. The minor must appear in court on the hearing date. The court may appoint an independent attorney to investigate the settlement and to report back to the court.