States With Specific Provisions for Guardians
States with Standards of Practive/Code of Conduct
It is the policy of the state that all guardians and conservators, when making decisions for their wards or protected persons, shall abide by the highest ethical standards of decision making and shall consider the standards of practice adopted by the department by regulation. The department shall adopt standards of practice for guardians and conservators and, before doing so, shall review the standards of practice adopted by a national organization with expertise in the area of standards of practice for guardians and conservators, such as the National Guardianship Association.
The following code of conduct establishes minimum standards of performance for licensed fiduciaries, is adopted by the supreme court under A.R.S. § 14- 5651(A)(1), and must be followed by all licensed fiduciaries in the state of Arizona. A violation of the code of conduct is unprofessional conduct and is grounds for discipline under ACJA § 7- 201(H)(6)(k).
Rule 7.1059. Standards of conduct for the conservator of the estate
Except as otherwise required by statute, in the exercise of ordinary care and diligence in managing and controlling the estate of the conservatee, the conservator of the estate is to be guided by [certain] principles.
California Professional Fiduciaries Code of Ethics
16 Ca. Code of Regs. 4470-4484
Minnesota Association of Guardians and Conservators (MAGiC)
North Dakota Dept. of Human Services
Oregon Guardianship/Conservatorship Association
Oregon Standards of Professionalism
Texas Code of Ethics and Minimum Standards for Guardianship Services
The purpose of these Minimum Standards for the Provision of Guardianship Services (Minimum Standards) is to protect the interests of incapacitated persons in Texas by ensuring that certified guardians and guardianship programs provide guardianship services in a professional and competent manner. These standards are promulgated by the Texas Guardianship Certification Board (Board) and the Texas Supreme Court pursuant to Section 155.101 of the Texas Government Code.
States with Certification or Licensure Requirements
Except as provided by (b) of this section or AS 08.26.180, a person may not engage in the business of providing services as a private professional guardian or conservator unless the person has a license issued under this chapter.
Arizona Rev. Stat. Ann. § 14-5651. Fiduciaries; licensure; qualifications; conduct; removal; exemption; definitions
Except as provided by subsection G of this section, the superior court shall not appoint a fiduciary unless that person is licensed by the supreme court. The supreme court shall administer the licensure program and shall adopt rules and establish and collect fees necessary for its implementation.
The Fiduciary Licensing Program (FID) is designed to help ensure Arizona's elderly and vulnerable citizens have licensed individuals or businesses managing their financial affairs, medical decisions and other vital matters. The Program involves professional licensed fiduciaries whose work usually involves the probate court system. Fiduciaries serve as court-appointed guardians, conservators, trustees, personal representatives, or special administrators. They may also serve as agents under a Power of Attorney or as a Trustee, with or without court oversight.
Fiduciary Licensing Program Frequently Asked Questions
Cal. Business & Professional Code 6530-6543
No person shall act or hold themselves out to the public as a professional fiduciary unless that person is licensed as a professional fiduciary in accordance with this chapter.
California Professional Fiduciaries Bureau
Florida Stat. § 744.2003, Regulation of Professional Guardians
Illinois Stat. 755 ILCS 5/13-1.2
Certification requirement. Each person appointed as a public guardian by the Governor shall be certified as a National Certified Guardian by the Center for Guardianship Certification within 6 months after his or her appointment. The Guardianship and Advocacy Commission shall provide public guardians with professional training opportunities and facilitate testing and certification opportunities at locations in Springfield and Chicago with the Center for Guardianship Certification. The cost of certification shall be considered an expense connected with the operation of the public guardian's office within the meaning of subsection (b) of Section 13-3.1 of this Article.
Nevada Rev. Stat. § 159.0595 Private professional guardians.
1. A private professional guardian, if a person, must be qualified to serve as a guardian pursuant to NRS 159.059 and must be a certified guardian.
2. A private professional guardian, if an entity, must be qualified to serve as a guardian pursuant to NRS 159.059 and must have a certified guardian involved in the day-to-day operation or management of the entity.
4. As used in this section:
(a) “Certified guardian” means a person who is certified by the Center for Guardianship Certification or any successor organization.
New Hampshire Probate Court Administrative Rule 16
Pursuant to RSA 464-A, the Probate Court Administrative Judge shall certify professional guardians who shall then be eligible for appointment as a guardian of the person, guardian of the estate or guardian of the person and estate of an incapacitated adult or a minor if requested by a petitioner. A person seeking appointment as a professional guardian of an incapacitated adult shall submit an application to the Administrative Judge. Application forms are available from the Probate Court Administrative Office. Read more.
The requirements for certification as a professional guardian are:
1. Be a national certified guardian or national master guardian with the Center for
Guardianship Certification (CGC) and maintain this registration as required by
CGC or its successor organization.
2. Be a resident of the state of New Hampshire or have a resident agent.
3. Adhere to the Standards of Practice published by the National Guardianship
Association (NGA) or its successor organization.
4. Adhere to the Model Code of Ethics published by the NGA.
New Mexico Stat. Ann 45-5-311(D)
A professional guardian shall not serve or be appointed as a guardian of the incapacitated person unless the professional guardian is certified and is in good standing with a national or state organization recognized by the supreme court that provides professional certification for guardians.
North Dakota Sup. Ct. Admin. Rule 59 (c)(1)
Section 4. Qualifications - Professional Guardian (Individual). An individual proposed to serve as a professional guardian, whether or not employed by a professional guardian entity: (a) Section 3. Qualifications - Professional Guardian (Entity). An entity proposed to serve as a professional guardian: (a) Must be accredited through the Council on Accreditation or its employed guardians must possess certification through the Center for Guardianship Certification;
Must possess certification through the Center for Guardianship Certification;
Oregon Rev. Stat. § 125.240 Professional fiduciaries.
If a petition seeks the appointment of a professional fiduciary, the petition must contain the following information in addition to that information required under ORS §125.055:
(a) Proof that the professional fiduciary, or an individual responsible for making decisions for clients or for managing client assets for the professional fiduciary, is certified by the Center for Guardianship Certification or its successor organization as a National Certified Guardian or a National Master Guardian.
Pennsylvania 20 Pa. Code 5511(f)(2)
An individual seeking guardianship of three or more incapacitated persons must be certified as provided in this paragraph and provide proof of the certification to the court prior to a third guardianship appointment.
Texas Estate Code 1104.251-.306
An individual must be certified under Subchapter C, Chapter 155, Government Code, if the individual: (1) is a private professional guardian; (2) will represent the interests of a ward as a guardian on behalf of a private professional guardian; (3) is providing guardianship services to a ward of a guardianship program on the program's behalf, except as provided by Section 1104.254; or (4) is an employee of the Department of Aging and Disability Services providing guardianship services to a ward of the department.
Texas Judicial Courts Texas Guardianship Certification
Utah Stat. § 75-5-101.1(10) Definitions
(a) "Specialized care professional" means a person who is certified as a National Certified Guardian or National Master Guardian by the Center for Guardianship Certification or similar organization.
Utah Stat. 75-5-311(2)(g) Priority of Appointment
(g) a specialized care professional, so long as the specialized care professional does not: (i) profit financially or otherwise from or receive compensation for acting in that capacity, except for the direct costs of providing guardianship or conservatorship services; or
(ii) otherwise have a conflict of interest in providing those services
Washington Supreme Court General Rule 23
Purpose and Scope. This rule establishes the standards and criteria for the certification of professional guardians as defined by RCW 11.88.008 and prescribes the conditions of and limitations upon their activities. This rule does not duplicate the statutory process by which the courts supervise guardians nor is it a mechanism to appeal a court decision regarding the appointment or conduct of a guardian.
Jurisdiction. All professional guardians who practice in the state of Washington are subject to these rules and regulations. Jurisdiction shall continue whether or not the professional guardian retains certification under this rule, and regardless of the professional guardian's residence.
To achieve the greatest protection for the estates and affairs of incapacitated persons in Washington State, the Certified Professional Guardian Board adopts and implements regulations governing certification, minimum standards of practice, training, and discipline of professional guardians.
Guardianship and Conservatorship Program Regulations
Certified Professional Guardianship and Conservatorship Board