Section 5-208
(a)
Prior to receiving letters, a guardian shall accept appointment by filing a bond conditioned upon faithful discharge of all duties of the trust according to law and containing a statement of acceptance of the duties of the office. By accepting a parental or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. The petitioner shall cause notice of any proceeding to be delivered or mailed to the guardian at the guardian's address listed in the court records and to the address then known to the petitioner.
(b)
A surety shall be required on the bond of a guardian of a minor unless the court determines that it is in the best interest of the minor to waive the surety or to require additional sureties.
(c)
The requirements and provisions of section 5–411 apply to guardians appointed under this part.
Comment
The “long-arm” principle behind this section is well established. It seems desirable that the court in which acceptance is filed be able to serve its process on the guardian wherever he or she has moved. The continuing interest of that court in the welfare of the minor is ample to justify this provision. The consent to service is real rather than fictional in the guardianship situation, where the guardian acts voluntarily in filing acceptance. It is probable that the form of acceptance will expressly embody the provisions of this section, although the statute does not expressly require this.
Massachusetts comment
The requirement of a bond for guardians does not appear in the Uniform Probate Code because it is understood that a conservator will be appointed to manage property of a minor. It is added here as additional security where a guardian may be receiving periodic income, entitlements, etc. for a ward, which after time may accumulate and warrant protection. The Court appointment or parental appointment constitutes consent to jurisdiction. Without such acceptance no guardianship is created.