Guardian Powers and Duties

What are the Powers and Duties of a Guardian?

Probate code 475.120 - The general powers and duties of a guardian of an incapacitated person shall be to take charge of the person of the Ward and to provide for the ward's care, treatment, habilitation, education, support, and maintenance; and the powers and duties shall include, but not be limited to, the following:

  1. Assure that the Ward resides in the best and least restrictive setting reasonably available.
  2. Assure that the Ward receives medical care and other services that are needed.
  3. Promote and protect the care, comfort, safety, health, and welfare of the Ward.
  4. Provide required consents on behalf of the Ward.
  5. To exercise all powers and discharge all duties necessary or proper to implement the provisions of this section.

Probate code 475.123 - No medical or surgical procedure shall be performed on any Ward unless consent is obtained from the Guardian of his person. If the life of the Ward is threatened and there is no time to obtain consent, a medical or surgical procedure may be performed.