Good Question on immunity for Discharged Guardians

Recently found in a “discharge of guardianship” order was the statement that the guardian is granted immunity from the court for all actions taken as guardian in connection with the case.

The question was, does this in fact create any new immunities?

My answer:

Good question:

The reality is, no new immunities are created by that statement.  There is plenty of case law that court officials and GAL’s and guardians and what nots only have immunity IF they are acting within the laws, scope of their duties and court orders.

Pretty much, a guardian has to get a court order to do anything.  Sell property (real or personal), transfer funds,open bank accounts, move the ward, take actions and inactions.

So, what that is is boilerplate?  Most likely it is meant to scare off family litigators.

thanks

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