Rights and immunities of guardian; limitations

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  • (a) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, and clothing provided to the ward, but only as approved by order of the Court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the Court.

  • (b) A guardian need not use the guardian’s personal funds for the ward’s expenses. A guardian is not liable to a third person for acts of the ward solely by reason of the relationship. A guardian who exercises reasonable care in choosing a third person providing medical or other care, treatment, or service for the ward is not liable for injury to the ward resulting from the wrongful conduct of the third party.

  • (c) A guardian, without authorization of the Court, may not revoke a power of attorney for health care of which the ward is the principal. If a power of attorney for health care is in effect, absent an order of the Court to the contrary, a health-care decision of the agent takes precedence over that of a guardian.

  • (d) A guardian may not initiate the commitment of a ward to a mental health-care facility except in accordance with the Virgin Islands’ procedure for involuntary civil commitment.


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