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The guardian of the estate has custody and control of this money and property. By law, the Office of State Guardian serves as guardian only when no other person is suitable and willing to serve.Open a separate guardianship bank account. • Obtain a tax identification number for the guardianship bank account. Use the personal information of the. A person can have a disability without being incapacitated. Incapacity can be partial or total. Foundation for his probate and estate planning practice. The guardian of the person and the guardian of the estate do not have to be the same person if it is in the best interest of the ward. Must the Guardian or Conservator and Ward Live in the Same City or State?