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If I agree to be my Relative’s Guardian, what have I agreed to do?

Posted by Marcia Pevey 0n Jan 17, 2008    in Articles, Elder Care Law, estate planning, probate

Guardianships are established and overseen by the Court system. In Harris County, the Probate Courts supervise the Guardianships.  These courts appoint the Guardian and limit the Guardianship, if necessary.  The Probate Courts also review Annual Reports, a report as to the physical well-being, location, medical, and overall status, of the relative and audit Annual Accounts, a report of the income, expenditures, and status of property each year.

Guardian of the Person
If you are appointed by the Court as Guardian of the Person, you have agreed to take care of the physical well-being of your relative.  You will have the privilege and the duty to decide where your relative lives, you will provide clothing, food, medical care, and consent to medical treatment.  You will not have to spend your own money to provide these services.  These expenses will be covered by your relative’s income (including government assistance programs for which you will apply) and/or your relative’s assets.

Guardian of the Estate
If you are appointed by the Court to be the Guardian of the Estate, you have taken on the responsibility of caring for your relative’s property.  This is a fiduciary duty which simply means you will take better care of your relative’s property than you do of your own property.  Your relative’s estate includes everything that he/she owns – land, money, bank accounts, furniture, jewelry, vehicles, clothes, etc.– everything! You will have a duty to take care of, manage, and invest their property.

Both of these Guardianships (and you could be appointed to one or both) will require reporting to the Court on at least an annual basis; therefore, you will be required to keep accurate records of all income and expenditures and doctor’s visits.  Many of the things you do with your relative’s estate will require a court order.  Keep in mind that you may need an attorney to oversee your required court reports and orders.

Your responsibility as Guardian will continue until the Court removes or releases you as Guardian.  At the end of your time as Guardian, you will be required to file with the court a Final Report, if you are Guardian of the Person and/or Final Account, if you are Guardian of the Estate.

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  4. Houston Wills, Trusts, and Estate Planning: Understand the Basics

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