§ 15-14-314 — Duties of guardian

(1) Except as otherwise limited by the court, a
guardian shall make decisions regarding the ward's support, care, education,
health, and welfare. A guardian shall exercise authority only as necessitated by the
ward's limitations and, to the extent possible, shall encourage the ward to
participate in decisions, act on the ward's own behalf, and develop or regain the
capacity to manage the ward's personal affairs. A guardian, in making decisions,
shall consider the expressed desires and personal values of the ward to the extent
known to the guardian. A guardian, at all times, shall act in the ward's best interest
and exercise reasonable care, diligence, and prudence.

(2) A guardian shall:

(a) Become or remain personally acquainted with the ward and maintain
sufficient contact with the ward to know of the ward's capacities, limitations, needs,
opportunities, and physical and mental health;

(b) Take reasonable care of the ward's personal effects and bring protective
proceedings if necessary to protect the property of the ward;

(c) Expend money of the ward that has been received by the guardian for the
ward's current needs for support, care, education, health, and welfare;

(d) Conserve any excess money of the ward for the ward's future needs, but
if a conservator has been appointed for the estate of the ward, the guardian shall
pay the money to the conservator, at least quarterly, to be conserved for the ward's
future needs;

(e) Immediately notify the court if the ward's condition has changed so that
the ward is capable of exercising rights previously removed;

(f) Inform the court of any change in the ward's custodial dwelling or
address; and

(g) Immediately notify the court in writing of the ward's death.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1798, � 1, effective January 1, 2001 (see � 15-17-103).