29-2-21. Power of guardian over minor; obligations of guardians; liability of guardian.

The power of a guardian over the minor shall be the same as that of a parent over a child; the guardian standing in place of the parent. A guardian shall at all times act as a fiduciary in the minor’s best interest and exercise reasonable care, diligence, and prudence.#

A guardian shall:#

1. (1)

   Respect the rights and dignity of the minor;#

2. (2)

   Arrange for the support, care, education, health, and welfare of the minor considering the minor’s available resources;#

3. (3)

   Take reasonable care of the minor’s personal effects;#

4. (4)

   Expend money of the minor that has been received by the guardian for the minor’s current needs for support, care, education, health, and welfare;#

5. (5)

   Conserve for the minor’s future needs any excess money of the minor received by the guardian; provided, however, that if a conservator has been appointed for the minor, the guardian shall pay to the conservator, at least quarterly, money to be conserved for the minor’s future needs;#

6. (6)

   If necessary, petition to have a conservator appointed;#

7. (7)

   Endeavor to cooperate with the conservator, if any;#

8. (8)

   Within 60 days after appointment and within 60 days after each anniversary date of appointment, file with the court and provide to the conservator, if any, a personal status report concerning the minor, which shall include:#

   1. (A)

      A description of the minor’s general condition, changes since the last report, and the minor’s needs;#

   2. (B)

      All addresses of the minor during the reporting period and the living arrangements of the minor for all addresses; and#

   3. (C)

      Recommendations for any alteration in the guardianship order;#

9. (9)

   Promptly notify the court of any conflict of interest between the minor and the guardian when the conflict arises or becomes known to the guardian and take such action as is required by Code Section 29-2-23;#

10. (10)

    Keep the court informed of the guardian’s current address; and#

11. (11)

    Act promptly to terminate the guardianship when the minor dies, reaches age 18, is adopted, or is emancipated.#

A guardian, solely by reason of the guardian-minor relationship, is not personally liable for:#

1. (1)

   The minor’s expenses;#

2. (2)

   Contracts entered into in the guardian’s fiduciary capacity;#

3. (3)

   The acts or omissions of the minor;#

4. (4)

   Obligations arising from ownership or control of property of the minor; or#

5. (5)

   Other acts or omissions occurring in the course of the guardianship.#