Legal Guardian Order

LEGAL GUARDIAN ORDER

Court:   County:   Case No.:

In the Matter of: Protected Person Name:   Date of Birth:

Petitioner:   Proposed Guardian:

Hearing Date:   Judge Presiding:

RECITALS

WHEREAS, Petitioner filed a petition for appointment of a guardian for the Protected Person and the Court has jurisdiction over the subject matter and the parties pursuant to applicable statutes; and

WHEREAS, proper notice of the petition and hearing was provided to all persons entitled to notice, or notice was waived in accordance with law, and the Court finds that notice requirements have been satisfied; and

WHEREAS, after hearing testimony, review of medical and psychological evaluations, and consideration of any guardian ad litem or social services reports, the Court finds by clear and convincing evidence that the Protected Person is in need of a guardian as set forth below.

NOW THEREFORE, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

1. APPOINTMENT

The Court appoints as guardian of the Protected Person named above. The appointment is:

Guardian of the person    Guardian of the estate    Limited guardian (specify limits below)

2. POWERS AND DUTIES

Subject to the limitations set forth in this Order and applicable law, the guardian shall have the authority and duty to make decisions regarding the personal care, custody, and medical treatment of the Protected Person and, if appointed guardian of the estate, to manage the Protected Person's financial affairs. The guardian's powers specifically include, but are not limited to, the following:

a. Consent to medical, surgical, psychiatric, and dental treatment necessary for the Protected Person's health and welfare, except where consent may not be delegated by law;
b. Make decisions regarding residence and daily living arrangements;
c. Authorize educational and vocational placements and services;
d. Manage assets, pay debts, and make expenditures for the care and support of the Protected Person if appointed guardian of the estate;
e. Hire professionals and agents reasonably necessary to carry out duties, including but not limited to attorneys, accountants, and care providers, and approve reasonable fees for such services; and
f. Execute on behalf of the Protected Person any documents necessary to effectuate the powers granted herein, provided such actions are in the Protected Person's best interest and consistent with the scope of this Order.

The guardian shall exercise all powers in a fiduciary capacity and shall act at all times in the best interests of the Protected Person, with due regard for the Protected Person's expressed wishes to the extent they can be ascertained.

3. BOND, INVENTORY, AND ACCOUNTING

Unless waived by the Court, the guardian shall post bond in the amount of $ and shall file an inventory of the Protected Person's estate within days of appointment.

Periodic accountings shall be filed with the Court as required by law and as ordered by the Court. The guardian shall maintain accurate records of receipts, disbursements, and transactions and shall make such records available to the Court upon request.

4. REPORTING AND SUPERVISION

The guardian shall file with the Court and serve on interested persons an initial report within days of appointment and thereafter shall file periodic reports at intervals required by statute or as directed by the Court.

5. LIMITATIONS AND SAFEGUARDS

The guardian shall not, except upon further order of the Court or as expressly authorized in this Order, sell, mortgage, or otherwise encumber real property of the Protected Person without prior Court approval. The guardian shall avoid conflicts of interest and shall not use the Protected Person's assets for the guardian's personal benefit.

If the guardian is a professional fiduciary or an entity, the guardian shall disclose any fee arrangements and shall comply with all statutory fiduciary duties, including bonding and insurance requirements where applicable.

6. NOTICE

All notices required under this Order shall be given in writing and delivered to the following address for service:

7. TERMINATION; MODIFICATION

This guardianship shall continue until terminated by Court order pursuant to statute, upon restoration of capacity of the Protected Person, upon the Protected Person's death, or upon appointment of a successor guardian. Any party seeking modification or termination shall file a motion and provide notice as required by law.

8. GROUNDS; FINDINGS

9. GOVERNING LAW

This Order shall be governed by and construed in accordance with the laws of the jurisdiction of this Court. The Court retains continuing jurisdiction to enforce and modify this Order as authorized by law.

10. ENTIRE ORDER; SEVERABILITY

This Order constitutes the entire order of the Court with respect to the matters herein. If any provision of this Order is held invalid or unenforceable, the remainder of the Order shall remain in full force and effect.

11. AMENDMENT; WAIVER; COUNTERPARTS

This Order may be amended or supplemented only by further order of the Court. No waiver of any provision shall be effective unless in writing and signed by the Court. This Order may be executed in counterparts and facsimile or electronically transmitted signatures shall be accepted to the same extent permitted by the Court.

12. CERTIFICATION

The Clerk of Court shall certify and enter this Order. The guardian, upon acceptance of appointment, shall file a written acceptance with the Court consenting to serve and to discharge faithfully the duties of guardian.

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