The guardian is solely in control of all the ward's assets and person and he shall be the sole person in charge of the ward and shall be responsible for all of the ward's assets. An inventory shall be filed within 20 days. The guardian shall remove the ward from any caretaker facility which is a creditor of the ward, since this is an inherent conflict of interest with a creditor being a fiduciary of the ward. Orchard Manor may be such an institution. Thus, the guardian should move the ward from any institution if he determines such an inherent conflict of interest exists.
Grant County appeals the order.
The court simply directed the guardian to apply to the SSA to become the payee for his ward, and failing this, to require whomever was acting as representative payee to account for the handling of those benefits. In so doing, the court acted within its authority. A guardian's administration of a ward's estate is subject to supervision and direction from the appointing court. We thus conclude that the court did not erroneously exercise its discretion in entering this part of the order. The final three sentences of the order, emphasized in the quotation above, are problematic, however.