DUTIES OF A GUARDIAN
The purpose of this document is to summarize the duties of a person who has been appointed a guardian for an incapacitated or minor person. The guardian should consult with an attorney, or the court, regarding any questions about specific rights or duties involved in the guardianship.
A guardian stands in a fiduciary and trust relationship in management of the protected person’s affairs. Everything the guardian does in administering the guardianship should be for the benefit of that protected person.
The following list describes the principal duties of the guardian after appointment by the court.
1. Taking custody of the protected person, which entails an element of control over the activities of that person, including, for instance, determining where he/she lives.
2. Providing for the care, comfort, maintenance, and, if necessary, the training and education of the protected person.
3. Taking reasonable care of the protected person’s clothing, furniture and personal effects.
4. When appropriate, making health care decisions on behalf of the protected person.
5. When the protected person is an adult (verus a minor), making advance funeral and burial arrangements and controlling disposition of the remains of the protected person in the event of death.
6 Filing an annual report with the court stating the protected person’s current condition, describing your contacts with the protected person, use of the protected person’s funds, if any, and your opinion related to the need for the continuation of the guardianship. (Your attorney will assist you with fulfilling this obligation; the court or your attorney will provide you with a standard form to complete each year). This report must be filed approximately on the anniversary of your appointment as guardian.
We will need the following information from you to get started:
Name & Address & Phone for the following individuals:
6. The proposed protected person or ward (i.e., the person who needs the guardianship) and date of birth and current location of this person
7. The petitioner (i.e., person petitioning the court for guardianship)
8. The proposed conservator or guardian(i.e., the person to be appointed as guardian of the protected person). This person is often the same person as the petitioner, but does not need to be. Must be at least 18 years old to be a guardian.
9. Closest living relatives of the protected person, including
Any adult children
If there are none of the above, the next closest living relatives such as siblings, nephews, nieces, etc.
10. Any live-in companion or caregiver of the protected person
11. Primary physician and any other care providers of the protected person
12. Any Agent under a Power of Attorney for the protected person.
13. Any Trustee of a Trust created by or for the protected person.
14. All persons who have information related to the protected person’s need for a conservatorship–that is, related to the protected person’s inability to currently manage his or her own resources.
Related to the petitioner/proposed guardian:
Whether or not you have committed a felony, lost a business license, or filed bankruptcy. If so, when and for what?
Related to the protected person:
Why does the protected person need a guardianship? That is, why do you think this person is unable to effectively make decisions as to his/her own safety, health, or welfare.
Please note that a diagnosis of Alzheimer’s Disease or dementia is insufficient. The petition must include specific allegations demonstrating that the person’s judgment is impaired.
A detailed listing of all assets and income of the protected person. Give as much detail as is known for all assets and income including the value of the asset, the name of bank/financial institution, number of account, type of vehicle, VIN or plate numbers, source of income and monthly amount. If this information is not available, it can be supplied to the court later.
The following information is given with regard to the protected person (also called respondent) (that is,person who needs a guardian).
birth date: ________________________
Address of permanent residence: ________________________
Phone number: permanent residence:_________________
Name and address of current location of respondent: _____________________________________________________
Name of caregiver/facility manager: ____________________
Phone number: current facility:_______________
Name & address of proposed facility, if move is planned ____________________________________
Name of caregiver/facility manager:
Phone number: proprosed facility:_______________
Care and Medical Needs:
Caregiving needs of the respondent/what are his/her doctors telling you needs to happen? What care if any is he/she receiving now?
Activities of Daily Living (ADLs):
Respondent’s ability to do things for him or herself? Please describe what (if any) things protected person is able to do for him or herself without prompting or assistance.
_____ Prepare meals
______ Feed him/herself
______ Dress him/herself
______ Attend to grooming needs such as bathing, brushing teeth, other hygiene issues
_____ Use toilet
_____ Clean home
_____ Pay bills and handle financial matters
_____ Take medications
_____ Use of proper precautions and safety or security measures around the home
_____ Drive a car
***If these things can be done with assistance, please describe the type of assistance needed.
Describe the respondent’s ability to understand and evaluate information. Answer the following. For any questions that you have not answered Yes/Always, explain your answer.
(f)Frequently, but not always
(n)No/Never or almost never
_____ Reads and understands what is read including complicated materials.
_____ Understands information presented about his or her own healthcare and appears able to make informed decisions, even on complicated matters.
_____ Recognizes persons known to him or her, even after prolonged absences.
_____ Has no difficulty remembering events of the day or the week.
_____ Appears rationale in thought-making process and not driven or influenced by irrational fears or paranoia.
_____ Generally trusts persons known to him or her such as close family members and friends.
_____ Is cooperative with others who appear to be acting in his or her interests.
The following information is given with regard to the petitioner:
YOU ARE THE PETITIONER:
Relationship to respondent: _____________
Phone numbers: ______________________
Best number to be put in court documents: ______________
Persons appointed by respondent:
Any fiduciary that has been appointed for the respondent by a court of any state: ______________________
Date of appointment: __________________
Court case number: _________________
A trustee for respondent established by or for the respondent: ___________________________________:
Date of trust: ________________
Any person appointed as a health care representative under the provisions of ORS 127.505 to 127.660: _________________________; date of appointment: ______________
Any person acting as attorney-in-fact for respondent under a power of attorney: _________________________ date of power of attorney document: _______________________.
Is respondent receiving any of the following public benefits?
Veteran’s Adminstration ___________: $_______________/month
type of benefit, if known:____________________
Medicaid benefits: __________________
Respondent’s Medical and Caregiving Personnel:
The names and addresses of all persons who provide medical assistance to respondent (i.e., doctors and current care providers if living in assisted care facility)
Name Address/Telephone Number Title
PERSONS WHO KNOW THE SITUATION TO BE INCLUDED IN PETITION:
The names and addresses of all persons who have information that respondent is incapacitated are as follows. (Name everyone including family, friends, or neighbors who are aware that respondent needs assistance with financial matters or with health care matters. Include the names and titles of any county workers and health care workers who are involved with assisting respondent. If listed above, do not repeat address and other information.)
Name Address/Telephone Number Relationship
ASSETS OF RESPONDENT’S/proposed protected person:
A general description of the respondent’s assets, income and other property known to you at this time which is in need of protection is as follows:
A. CASH AND BANK ACCOUNTS: ________________
B. REAL PROPERTY: ________________
___ Is this property to be sold?
C. MORTGAGES, NOTES AND CONTRACTS: ________________
D. PERSONAL PROPERTY: ________________
E. SECURITIES: ________________
F. MONTHLY INCOME: ________________ (source of income:
G. MISCELLANEOUS: ________________
INFORMATION ABOUT PETITIONER/YOURSELF:
REQUIRED INFORMATION FOR COURT ON PETITIONER; NOTE: DOES NOT BAR YOU FROM BEING GUARDIAN IF RESPOND AFFIRMATIVELY.
Have you had the following occur? If so, please indicate when and what/circumstances:
Bankruptcy filed: _____________________
Revocation of any license:_______________________________
PERSONS TO BE NOTIFIED OF PETITION:
Names & addresses of respondent’s children:
Name & address of respondent’s spouse (include any “significant other” or person living with respondent)
Other person(s) who you’d want to be notified?
Dady Kathryn Blake, Elder Law Attorney
Location: 1607 NE 41st , Portland, Oregon 97232
Mailing address: P.O. Box 13454, Portland, OR 97213
(503) 249-0502 firstname.lastname@example.org