14-5312

14-5312. General powers and duties of
guardian

A. A guardian of an incapacitated person has the same powers, rights and duties
respecting the guardian's ward that a parent has respecting the parent's unemancipated
minor child, except that a guardian is not liable to third persons for acts of the ward
solely by reason of the guardianship. In particular, and without qualifying the
foregoing, a guardian has the following powers and duties, except as modified by order of
the court:

1. To the extent that it is consistent with the terms of any order by a court of
competent jurisdiction relating to detention or commitment of the ward, the guardian is
entitled to custody of the person of the ward and may establish the ward's place of abode
within or without this state.

2. If entitled to custody of the ward the guardian shall make provision for the
care, comfort and maintenance of the ward and, whenever appropriate, arrange for the
ward's training and education. Without regard to custodial rights of the ward's person,
the guardian shall take reasonable care of the ward's clothing, furniture, vehicles and
other personal effects and commence protective proceedings if other property of the ward
is in need of protection.

3. A guardian may give any consents or approvals that may be necessary to enable
the ward to receive medical or other professional care, counsel, treatment or service.

4. If no conservator for the estate of the ward has been appointed, the guardian
may:

(a) Institute proceedings to compel any person under a duty to support the ward or
to pay sums for the welfare of the ward to perform such person's duty.

(b) Receive money and tangible property deliverable to the ward and apply the money
and property for support, care and education of the ward, but the guardian may not use
funds from his ward's estate for room and board the guardian or the guardian's spouse,
parent or child has furnished the ward unless a charge for the service is approved by
order of the court made upon notice to at least one of the next of kin of the ward, if
notice is possible. He must exercise care to conserve any excess for the ward's needs.

5. A guardian is required to report the condition of the ward and of the estate
that has been subject to the guardian's possession or control, as required by the court
or court rule.

6. If a conservator has been appointed, all of the ward's estate received by the
guardian in excess of those funds expended to meet current expenses for support, care and
education of the ward shall be paid to the conservator for management as provided in this
chapter and the guardian must account to the conservator for funds expended.

7. If appropriate, a guardian shall encourage the ward to develop maximum
self-reliance and independence and shall actively work toward limiting or terminating the
guardianship and seeking alternatives to guardianship.

8. A guardian shall find the most appropriate and least restrictive setting for the
ward consistent with the ward's needs, capabilities and financial ability.

9. A guardian shall make reasonable efforts to secure appropriate medical and
psychological care and social services for the ward.

10. A guardian shall make reasonable efforts to secure appropriate training,
education and social and vocational opportunities for his ward in order to maximize the
ward's potential for independence.

11. In making decisions concerning his ward, a guardian shall take into
consideration the ward's values and wishes.

12. The guardian is authorized to act pursuant to title 36, chapter 32.

13. The guardian of an incapacitated adult who has a developmental disability as
defined in section 36-551 shall seek services that are in the best interest of the ward,
taking into consideration:

(a) The ward's age.

(b) The degree or type of developmental disability.

(c) The presence of other handicapping conditions.

(d) The guardian's ability to provide the maximum opportunity to develop the ward's
maximum potential, to provide a minimally structured residential program and environment
for the ward and to provide a safe, secure, and dependable residential and program
environment.

(e) The particular desires of the individual.

B. Any guardian of a ward for whom a conservator also has been appointed shall
control the custody and care of the ward and is entitled to receive reasonable sums for
the guardian's services and for room and board furnished to the ward as agreed upon
between the guardian and the conservator if the amounts agreed upon are reasonable under
the circumstances. The guardian may request the conservator to expend the ward's estate
by payment to third persons or institutions for the ward's care and maintenance.