Tim – lets go a step further. A guardian is a fiduciary. A fiduciary owes the highest standard of conduct to his/her ward. This is an onerous responsibility and it prohibits the guardian from profiting from his/her position directly or indirectly. The compensation that the guardians is based upon a reasonable and necessary standard and is limited by the reasonable charges that would be charged in the community, the value of the service to the ward etc.
The appointment of a guardian is strictly regulated by STATE statute. In Illinois the statute provides:
(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3) Sec. 11a-3. Adjudication of disability; Power to appoint guardian. (a) Upon the filing of a petition by a reputable person or by the alleged person with a disability himself or on its own motion, the court may adjudge a…View original post 636 more words
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