What are the powers of a guardian of the person?

As guardian of the ward, an individual assumes only those rights which have been delegated to him/her by the court. These rights vary based on the particular case, but there are nonetheless overarching guidelines to be applied to all guardians. For instance, no guardian may act against the best interests of the ward, and all guardians must file annual guardianship reports with the court, unless waived by the court for good cause.

A guardian who is appointed with authority over a ward’s person is in charge of organizing medical, mental, rehabilitative, and person care for the ward, in addition to serving as the advocate for the ward in all decision-making processes regarding this care. The guardian must, to the best of his/her ability, discover and consider the expressed desires of the ward and also allow the ward to maintain contact with family members and friends (unless the guardian finds that the upholding of these relationships would cause harm to the ward). Ultimately, this guardian acts as the chief decision-maker on behalf of the ward, and he/she must consistently evaluate the needs and interests of the ward so as to best represent them.

The attorneys at Bach, Jacobs & Byrne, P.A. represent both guardians of the property and person in both plenary and limited guardianship proceedings.