GAP Act: Guardianship of a Minor, Part II

Republished with permission of Chancellor Lawrence Primeaux. 

Continuing with the GAP Act summary. Section numbers correspond to SB 2828.

Duties of guardian for a minor (208):

Guardian is a fiduciary. Duty to act in ward’s best interest and exercise reasonable care, diligence, and prudence.

Except as limited by the court, guardian has duties of a parent with regard to the minor’s support, care, education, health, safety, and welfare.

Guardian is required to: (1) become personally acquainted with the minor and report to the court “the minor’s abilities, limitations, needs, opportunities, and physical and mental health”; (2) take reasonable care of the minor’s personal effects and file for conservatorship if necessary to protect other property of the minor; (3) expend funds of the minor for minor’s needs for support, care, education, health, safety, and welfare; (4) conserve any funds not needed for necessities for future needs, or pay such funds to any appointed conservator; (e) report the condition of the minor to the court as directed; (f) inform the court of any change in the minor’s address; (g) take into account the minor’s preference in determining what is in the minor’s best interest.

Powers of a guardian (209):

Except as limited by the court, a guardian has all of the powers of a parent regarding the minor’s support, care, education, health, safety, and welfare.

Except as limited by the court, a guardian may: (1) apply for and receive funds for support of the minor (up to limits in Section 431); (2) take custody of the minor and establish a dwelling place in or outside the state; (3) commence proceedings to compel a person to support the minor, unless a conservator has been appointed; (4) consent to health or other care, treatment or service of the minor; (5) reasonably delegate decision-making, including delegation to the minor if reasonable.

If the minor has no parent, the court may authorize the guardian to consent to adoption of the minor or to marriage of the minor.

Removal of guardian; Termination of guardianship; Successor guardian (210):

Guardianship terminates: (1) at minor’s death, adoption, emancipation, attainment of majority, or on a date set by the court; or (2) when the court finds that the conditions of Section 201 are not satisfied, unless the court finds that termination would be harmful to the minor and the minor’s interest in continuing outweighs the parent’s right to restoration of decision-making.

A ward or “any party” may petition the court to terminate or modify the guardianship, or to remove the guardian and appoint a successor.

Petitioner must give notice to: (1) the minor if over age 14 and is not the petitioner; (2) the guardian; (3) each parent; (4) any other person determined by the court.

If a successor is appointed, notice of the appointment mus be given within 30 days to: (1) the ward if over age 14; (2) each parent; (3) any other person determined by the court.

When terminating, the court may make any order for transitional arrangements that are in the best interest of the minor.

Removed guardian must cooperate with the successor to facilitate transition and for best interest of the minor.

This article was republished with the permission of Chancellor Lawrence Primeaux of Meridian and was originally published on The Better Chancery Practice Blog on October 29, 2019.