Chapter 41

COL12010615GCAESTATES AND PROBATE CH.41POWERS AND DUTIES 1CHAPTER 41 POWERS AND DUTIES § 4101. Period of Guardianship. § 4102. Ward's Debts and Claims. § 4103. Management of W ard's Estate; Reimbursement of Guardian. § 4104. Failure to Support W ard; Reimbursement of Third Party . § 4105. Support of W ard Having Fat her Living. § 4106. Support of W ard Having Husband Living. § 4107. Partition of Property . § 4108. Order Granting Authority to Partition. § 4109. Defense of Partition Suit. § 4110. Fees of Attorney for Minor . § 4111. Money Judgment in Favor of Minor . § 4112 .Payment of Fees of Attor ney for Minor . § 4113. Court May Impose Additional Conditions of Guardianship. § 4114. Deposit of W ard's Money in Bank. § 4115. Guardian May Dedicate Easements. § 4101. Period of Guardianship. Every guardian has the care and cust ody of the person of his ward and the man agement of his estate or the care and custody of the person of his ward or the management of his estate, according to the order of appointment, until legally dis charged, or, in case of the guardianship of a minor, until the minor reaches the age of majori ty or, as to the guardianship of the person, until the ward

the order of appointment, until legally dis charged, or, in case of the guardianship of a minor, until the minor reaches the age of majori ty or, as to the guardianship of the person, until the ward marries. The guardian of a minor also has charge of the education of the minor . The guardian of the person of a ward may fix the residence of the ward at any place in the territory of Guam, but not elsewhere without the permission of the court. SOURCE: Probate Code of Guam (1970), § 1500. § 4102. W ard's Debts and Claim s. Every guardian must pay the ward's just debts out of the ward's personal estate and theincome of his real estate, if sufficient; if not, then out of his r eal estate upon selling or mortgaging any of his real property as her einafter provided. He must demand, sue for and collect all debts due to the ward, or, with the approval of the court , he may compromis e the same and give discharges to the debtor, on receiving a fair and just COL12010615GCAESTATES AND PROBATE CH.41POWERS AND DUTIES 2settle ment; and he must appear for and represent his ward in all actions and proceedings, unless another person is appointed for that purpose.

L12010615GCAESTATES AND PROBATE CH.41POWERS AND DUTIES 2settle ment; and he must appear for and represent his ward in all actions and proceedings, unless another person is appointed for that purpose. SOURCE: Probate Co de of Guam (1970), § 1501. § 4103. Management of W ard's Estate; Reim bursement of Guardian. Every guardian of an estate must manage it frugally and without waste, and apply the income, as far as may be necessary , to the comfortable and suitable sup port, maintenance and education of the ward and his family , if any; and if the income is insuffi cient for that purpose, he ma y sell or mortgage any of the property , as hereinafter provided. When a guardian has advanced, for the suitable support, maintenance or education of his ward, an amount not disproportionate to the value of the ward's estate or his condition of life, and the same is made to appear to the satisfaction of the court, by proper vouchers and proofs, the guardian must be allowed credit therefor i n his settlements. SOURCE: Probate Code of Guam (1970), § 1502. § 4104. Failure to Support Ward; Reimburse ment of Third Party .

er vouchers and proofs, the guardian must be allowed credit therefor i n his settlements. SOURCE: Probate Code of Guam (1970), § 1502. § 4104. Failure to Support Ward; Reimburse ment of Third Party . Whenever a guardian fails, neglects or refuses to furnish suitable support, maintenance or education for his ward, the court m ay order him to do so, and enforce such order by proper process, and whenever a third person, at the request of a ward, supplies him with such suitable support, maintenance or education, and it is shown to have been done after the refusal or neglect of the guardian to supply the same, the court may direct the guardian to pay therefor out of the estate and enforce such payment by proper process. SOURCE: Probate Code of Guam (1970), § 1503. § 4105. Support of Ward Having Father Liv ing. If a minor, having a father living, has property , the income of which is sufficient for his support, maintenance and education in a manner more expensive than his father can reasonably afford, regard being had to the situation of the father's family and to all the circumstan ces of the case, the expenses of the support, maintenance and education of such minor may be defrayed out

ly afford, regard being had to the situation of the father's family and to all the circumstan ces of the case, the expenses of the support, maintenance and education of such minor may be defrayed out of the income of his own property , in whole or in part, as judged reasonable, and as directed by the court; and the charges therefor may be allowed ac cordingly in the settlement of the accounts of his guardian. SOURCE: Probate Code of Guam (1970), § 1504.COL12010615GCAESTATES AND PROBATE CH.41POWERS AND DUTIES 3§ 4106. Support of Ward Having Husband Living. If a husband is unable to provide suit ably for the support and maintenance of a wife over whose esta te a guardian has been appointed by reason of her incompetency , the expense of providing such support or maintenance may , to the extent necessary , be charged against and defrayed out of such estate, as directed by the court or as approved by the court in s ettling the accounts of the guardian; for this purpose the guardian may sell or mortgage any of her property as hereinafter provided. SOURCE: Probate Code of Guam (1970), § 1505. § 4107. Partition of Property .

accounts of the guardian; for this purpose the guardian may sell or mortgage any of her property as hereinafter provided. SOURCE: Probate Code of Guam (1970), § 1505. § 4107. Partition of Property . When a ward owns an undivided interest in re al or personal property , the guard ian of his estate may com mence and prosecute an action for the partition thereof or may consent and agree to a parti tion thereof without action and to the part to be set off to his ward, and may execute deeds or conveya nces to the owners of the remaining shares of the parts to which they may be re spectively entitled, but in either case he must first obtain authority from the court having jurisdiction of the estate. SOURCE: Probate Code of Guam (1970), § 1506. § 4108. Order Granting Authority to Parti tion. The order granting such authority shall be made only after a hearing in open court upon the petition of the guardian. Upon filing the petition, the clerk of the court shall set the same for hearing by the court and cause notice thereof to be mailed, at least ten (10) days before the hearing, to such relatives of the ward residing in the territory of Guam as the court or judge deems proper .

ing by the court and cause notice thereof to be mailed, at least ten (10) days before the hearing, to such relatives of the ward residing in the territory of Guam as the court or judge deems proper . SOURCE: Probate Code of Guam (1970), § 1507. § 4109. Defense of Partition Su it. When a ward or his guardian, as such, is made a defen dant in a partition suit, the guardian may de fend the same without leave of court. SOURCE: Probate Code of Guam (1970), § 1508. § 4110. Fees of Attorney for Minor . A contract for attorney's fees for services in litiga tion, made by or on behalf of a minor, is void unless the contract is approved by the court COL12010615GCAESTATES AND PROBATE CH.41POWERS AND DUTIES 4in which the litigation is pending or the court having jurisdiction of the estate of the minor, upon petition of any person in interest. Whe n no such contract is ap proved, and a judgment is recovered by or on behalf of a minor, the attor ney's fees chargeable against the minor shall be fixed by the court rendering the judgment. SOURCE: Probate Code of Guam (1970), § 1509. § 4111. Money Judg ment in Favor of Minor .

a minor, the attor ney's fees chargeable against the minor shall be fixed by the court rendering the judgment. SOURCE: Probate Code of Guam (1970), § 1509. § 4111. Money Judg ment in Favor of Minor . If the judgment is for the recovery of money or other property , and there is no general guardian of the minor, one shall be appointed by the court to receive and care for the money or property recovered, upon notice and a hearing as in other cases of appointment. But if a minor has brought an action by a guardian ad litem and has recovered a money judgment not in excess of Five Hundred Dollars ($500) exclusive of costs, and the guardian ad litem is a blood relative of the minor, the n upon the approval of the court which rendered the judgment the amount thereof may be paid dir ectly to such guardian ad litem without any bond being re quired ther efor. SOURCE: Probate Code of Guam (1970), § 1510. § 4112. Payment of Fees of Attorney for Minor . Whenever the court fixes or approves and attorney's fee for services render ed to or for the benefit of a minor in litiga tion pending before it, it may dir ect the judgment debtor to pay such fee to the attorney and the balance of the judg ment

ney's fee for services render ed to or for the benefit of a minor in litiga tion pending before it, it may dir ect the judgment debtor to pay such fee to the attorney and the balance of the judg ment to t he guardian ad litem or general guardian. SOURCE: Probate Code of Guam (1970), § 1511. § 4113. Court May Impose Additional Condi tions of Guardianship. When a person is ap pointed guardian of a minor, the court, with the consent of such person, may inse rt in the order of appointment conditions not otherwise obligato ry, providing for the care, treatment, education and welfare of the minor and for the care and custody of his property . The performance of such conditions shall be a part of the duties of the guardian, for the faithful perfor mance of which he and the sureties on his bond shall be responsible. SOURCE: Probate Code of Guam (1970), § 1512. § 4114. Deposit of Ward's Money in Bank.COL12010615GCAESTATES AND PROBATE CH.41POWERS AND DUTIES 5A guardian may deposit any money belonging to the ward with any bank licensed to do business in the territory of Guam, whereupon he shall be discharged from further care or responsibility therefor until the money is withdrawn by him.

elonging to the ward with any bank licensed to do business in the territory of Guam, whereupon he shall be discharged from further care or responsibility therefor until the money is withdrawn by him. Unless the money is deposited pursuant to an order, it may be withdrawn without order of court. SOURCE: Probate Code of Guam (1970), § 1513. § 4115. Guardian May Dedicate Easements. When it is for the advantage, benefit and best interests of the Govern ment of the territory of Guam and those interested therein, that an easement for publi c street, storm drain, sewer or highway purposes over the real estate or some part thereof, be dedicated without consid eration to the Government, the guardian may so dedicate any real property of the estate of his ward upon the order of the court based up on the petition of the guardian or of any person interested in the estate, and after notice of the hearing given for the period and in the manner required by § 3401 of this Title. SOURCE: Probate Code of Guam (1970), § 1515. ----------