Section 81.20. Duties of guardian  


Latest version.
  • (a) Duties of guardian generally.
        1.  a  guardian  shall exercise only those powers that the guardian is
      authorized to exercise by court order;
        2. a guardian shall exercise the utmost care and diligence when acting
      on behalf of the incapacitated person;
        3. a guardian shall exhibit the utmost degree of  trust,  loyalty  and
      fidelity in relation to the incapacitated person;
        4.  a  guardian shall file an initial and annual reports in accordance
      with sections 81.30 and 81.31 of this article;
        5. a guardian shall visit the incapacitated person not less than  four
      times a year or more frequently as specified in the court order;
        6.  a  guardian  who  is  given  authority  with  respect  to property
      management for the incapacitated person shall:
        (i)  afford  the  incapacitated  person   the   greatest   amount   of
      independence  and self-determination with respect to property management
      in  light  of  that  person's  functional   level,   understanding   and
      appreciation  of his or her functional limitations, and personal wishes,
      preferences and desires with regard to managing the activities of  daily
      living;
        (ii)  preserve,  protect,  and account for such property and financial
      resources faithfully;
        (iii) determine whether the incapacitated person has executed a  will,
      determine  the  location  of any will, and the appropriate persons to be
      notified in the event of the death of the incapacitated person  and,  in
      the  event  of  the  death  of  the  incapacitated  person, notify those
      persons;
        (iv) use the property and financial  resources  and  income  available
      therefrom  to  maintain  and  support  the  incapacitated person, and to
      maintain and support those  persons  dependent  upon  the  incapacitated
      person;
        (v)  at  the  termination of the appointment, deliver such property to
      the person legally entitled to it;
        (vi) file with  the  recording  officer  of  the  county  wherein  the
      incapacitated  person  is  possessed  of  real property, an acknowledged
      statement to be recorded and indexed under the name of the incapacitated
      person identifying the real  property  possessed  by  the  incapacitated
      person, and the tax map numbers of the property, and stating the date of
      adjudication  of incapacity of the person regarding property management,
      and the name, address, and telephone number  of  the  guardian  and  the
      guardian's surety; and
        (vii) perform all other duties required by law.
        7. a guardian who is given authority relating to the personal needs of
      the  incapacitated  person  shall  afford  the  incapacitated person the
      greatest amount of independence and self-determination with  respect  to
      personal needs in light of that person's functional level, understanding
      and  appreciation  of that person's functional limitations, and personal
      wishes, preferences and desires with regard to managing  the  activities
      of daily living.