Frequently Asked Questions > Guardianships > What are the powers and duties of a guardian of the person?

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It is impossible to include an exhaustive list of the duties of a guardian of the person here.  In general, a guardian of the person is a fiduciary and is held to the high standards to which all fiduciaries are held in caring for the ward.  The guardian of the person is required to post a bond in an amount set by the court to assure that the guardian fulfills his or her duties. Unless the guardian's duties are restricted by the court, the guardian of the person is entitled to the charge and control of the person of the ward and has the right to have physical possession of the ward and to establish the ward's domicile, the duty of care, control and protection of the ward, the duty to provide the ward with clothing, food, medical care and shelter and the power to consent to medical, psychiatric and surgical treatment.  However, the guardian of the person's powers to commit the ward to in-patient psychiatric treatment are limited.  Some families pursue a guardianship only to discover that the guardian cannot force the ward to submit to in-patient psychiatric care.  Be sure to ask your lawyer about this if this is one of the main reasons for seeking a guardianship.

Last updated on January 6, 2011 by Glenn Karisch