DMR.3.4.030 Duties and Powers of Guardians

(a) The Court may appoint a guardian of the person and a guardian of the estate of any person. An individual may serve as both guardian of the person and guardian of the estate, or different individuals may be appointed. Joint guardians may be appointed of either the person or the estate or both, provided that the joint guardians shall have joint and several liability for acts undertaken as guardian by either of them.

(b) A guardian of the person shall make all decisions for the ward and may act in the place of the ward, except that the guardian of the person may not act for, bind, or appear in any legal action affecting the property of the person. The guardian of the person may consent or refuse consent to medical treatment on behalf of the ward. The guardian of the person may consent to the admission of the ward to any residential facility for the care or treatment of the ward, including but not limited to a hospital or other medical facility, nursing home, community based residential facility, or psychiatric facility, for no more than 90 days without a protective placement order under Section DMR.3.6.020.

(1) A guardian of the person may not consent or refuse to consent to the administration of psychotropic medication to the ward unless specifically granted the authority by the Court in the guardianship order.

(2) A guardian of the person is exempt from civil liability for acts or omissions in the performance of the duties of guardianship if the guardian acts in good faith and with the same ordinary diligence and prudence that a reasonable individual would take in the conduct of one's own affairs. This exemption from liability does not apply to any guardian of the estate who commits waste, fraud, or negligent mismanagement as to the estate.

(c) A guardian of the estate shall manage the assets, income, and financial interests of the ward for the benefit of the ward. A guardian of the estate may not sell any interest in the ward's real estate without the specific approval of the Court.

(d) No guardian shall lend or give any funds or other property of the ward or ward's estate to himself or herself. No guardian shall purchase any property of the ward unless for fair market value and with specific approval of the Court.