§ 81.20 Duties of guardian.\n (a) Duties of guardian generally.\n 1. a guardian shall exercise only those powers that the guardian is\nauthorized to exercise by court order;\n 2. a guardian shall exercise the utmost care and diligence when acting\non behalf of the incapacitated person;\n 3. a guardian shall exhibit the utmost degree of trust, loyalty and\nfidelity in relation to the incapacitated person;\n 4. a guardian shall file an initial and annual reports in accordance\nwith sections 81.30 and 81.31 of this article;\n 5. a guardian shall visit the incapacitated person not less than four\ntimes a year or more frequently as specified in the court order;\n 6. a guardian who is given authority with respect to property\nmanagement for the incapacitated person shall:\n (i) afford the incapacitated person the greatest amount of\nindependence and self-determination with respect to property management\nin light of that person's functional level, understanding and\nappreciation of his or her functional limitations, and personal wishes,\npreferences and desires with regard to managing the activities of daily\nliving;\n (ii) preserve, protect, and account for such property and financial\nresources faithfully;\n (iii) determine whether the incapacitated person has executed a will,\ndetermine the location of any will, and the appropriate persons to be\nnotified in the event of the death of the incapacitated person and, in\nthe event of the death of the incapacitated person, notify those\npersons;\n (iv) use the property and financial resources and income available\ntherefrom to maintain and support the incapacitated person, and to\nmaintain and support those persons dependent upon the incapacitated\nperson;\n (v) at the termination of the appointment, deliver such property to\nthe person legally entitled to it;\n (vi) file with the recording officer of the county wherein the\nincapacitated person is possessed of real property, an acknowledged\nstatement to be recorded and indexed under the name of the incapacitated\nperson identifying the real property possessed by the incapacitated\nperson, and the tax map numbers of the property, and stating the date of\nadjudication of incapacity of the person regarding property management,\nand the name, address, and telephone number of the guardian and the\nguardian's surety; and\n (vii) perform all other duties required by law.\n 7. a guardian who is given authority relating to the personal needs of\nthe incapacitated person shall afford the incapacitated person the\ngreatest amount of independence and self-determination with respect to\npersonal needs in light of that person's functional level, understanding\nand appreciation of that person's functional limitations, and personal\nwishes, preferences and desires with regard to managing the activities\nof daily living.\n
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