Unless limited by the court’s decree, the guardian has the responsibility and duty to make decisions about the person’s “support, care, education, health and welfare.” Guardians, therefore, are called upon to make personal decisions on the person’s behalf. Examples might include consenting to routine (but not extraordinary) medical care or other individual programs or social services. Nevertheless, guardians “shall encourage the incapacitated person to participate in decisions, to act on his or her own behalf, and to develop or regain the capacity to manage personal affairs.” Chapter 109B § 5-309.
Some types of extraordinary medical care – things like amputations, sterilizations, withdrawal of life support – require specific court authority. The proceedings are similar to Rogers proceeding described below.
Conservators make decisions about the person’s finances and also have a similar duty to involve the protected person in decision-making to the fullest extent possible.Chapter 190B § 5-416.
The Probate Court has a helpful checklist for guardians of their reporting and other responsibilities.