Guardianship Services

Providing financial assistance for those who need it most.

JCB’s Trust Department personnel assist individuals for whom the court has deemed in need of guardianship. As Guardian-of-the-Estate we provide:

  • Financial management
  • Bill paying
  • Record keeping
  • Safekeeping services
  • A wide variety of other services as individual needs arise

The officers of the Trust Department work with the court, counsel, and Guardian-of-the-Person to help insure that financial needs of the child/incapacitated adult are fully addressed. In doing so, we strive to provide the family and Guardian-of-the-Person peace of mind and confidence in knowing that the financial affairs of their loved ones are in capable hands.

What is a guardian?

A person appointed by the court to be legally responsible for another person and/or for another person’s property. While individuals are usually appointed to serve as guardians, a corporation or association may also serve in that capacity. A person for whom a guardian has been appointed is called a “ward” or “protected person.”

In selecting a guardian, the court is required to give preference as follows:

  • a person designated in a durable power of attorney executed by the protected person
  • a spouse of the incapacitated person
  • an adult child of the incapacitated person
  • a parent of the incapacitated person or a person nominated by will of deceased parent of the incapacitated person or by any writing signed by a parent of the incapacitated person and attested to by at least two witnesses
  • any person related to the incapacitated person by blood or marriage with whom the incapacitated person has resided for more than six months before the filing of the petition
  • a person nominated by the incapacitated person who is caring for or paying for the care of the incapacitated person

A guardian of the personA “guardian of the person” is appointed to protect and have physical custody of a ward and to provide for the ward’s day-to-day maintenance, paid from the ward’s assets. Maintenance means providing food, shelter, clothing, health care and other necessities. It includes responsibility for the education of a minor ward as required by law, and making decisions about medical treatment and other professional services the ward may require. Generally a “natural person” (not a bank or a company) is appointed as a guardian of the person.

A “guardian of the estate” is appointed to manage the property and financial assets of the ward for the ward’s best interests. Specifically, the guardian of the estate must:

  • pay all debts owed by the ward
  • collect all money owed to the ward
  • settle and adjust any assets received from an estate
  • deposit all funds into an account in the name of the guardian as fiduciary
  • protect, preserve and invest the ward’s funds not needed for current obligations according to legal guidelines
  • file or defend lawsuits on behalf of the ward to protect his or her interests
  • file an inventory and file accounts of the ward’s estate with the court every two years
  • seek court approval for expenditures or transfers
  • file income tax returns and pay taxes for the ward

For more information on guardianships and the guardianship process, please contact the
Trust Department and speak with one of our Trust Officers.