What is the duty of a guardian?

Q. What is the duty of a guardian?

A. The guardian has a duty to act according to the Court’s instructions, which are usually set during the guardianship proceeding. If the court grants guardianship over the ward’s property, the guardian has a fiduciary duty to manage the ward’s assets properly. The law requires that the guardian of the property file an annual accounting with the Court detailing the financial transactions of the previous year.

The guardian is responsible for making health-care decisions and assuring that the ward is living in a safe environment. The guardian must file an annual report detailing the ward’s status, the care plan and whether the guardianship needs changes.

The Maryland State Bar Association’s Public Awareness Committee has prepared this information. It is intended to inform the public and not serve as legal advice. The material is believed to be correct but it is not warranted. If you need legal advice, you must contact an attorney.

Source: © 1986, MSBA, Inc. Revised 1998. All rights reserved. No part of this work may be reproduced in any form without written permission from the Maryland State Bar Association.