Five Facts About Guardianships That You Need to Know

Whether you are first looking into getting a guardianship for a loved one, or you are currently acting as a guardian for someone else, it is important to understand the rights and responsibilities inherent to that position. The more you know, the better equipped you will be to handle any issues that arise. Here are five important facts about guardianships that you need to know:

1. Guardians have a legal responsibility to care for their ward’s needs
   • The most basic duty of all guardians is to ensure the physical and mental welfare of their wards. This includes making sure they receive their food and medication in a timely fashion, as well as ensuring they receive prompt medical attention for any emergencies that may arise. It also includes ensuring they make all appointments necessary to maintain their physical and mental health.
2. Guardians are required to help their wards meet their social obligations
   • Guardians are not only responsible for their ward’s well-being, but also for helping them maintain their relationships and social obligations. This means bringing them to family gatherings, religious observances, and anything else necessary for them to maintain their social lives. It should be considered a warning sign for any and all guardianships where a ward becomes isolated from their family, friends, or community.
3. Guardians must manage their ward’s finances responsibly
   • Another responsibility that comes with guardianships is the responsibility to manage their ward’s finances. This means ensuring that all bills are paid on time, as well as ensuring that any investments are managed responsibly. Guardians are not required to turn a profit on those investments, but they must at least show they made reasonable decisions with their ward’s money.
4. Guardians must keep track of all expenses
   • One of the more annoying aspects of being a guardian is that you must keep track of all expenses made with a ward’s money. This includes even relatively minor expenses like buying a cup of coffee or a snack at a convenience store. Failing to keep a proper account of expenditures can land a guardian in serious legal trouble.
5. Guardians can be held legally accountable for misconduct
   • When guardians fail in their responsibilities towards their wards, whether due to negligence or intentional misconduct, they can be held legally responsible for their deeds. This can result in financial penalties, as well as losing their position as their ward’s legal guardian. In the most extreme circumstances, it can even lead to criminal prosecution.

The estate law attorneys at David J. Lorber & Associates, PLLC will work with you to create an estate plan that suits your needs, and help you to protect yourself and your loved ones. For comprehensive estate and elder law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office.