If you have needed to get a guardianship for a loved one, you may not be entirely sure what you are supposed to do. The position carries a great deal of responsibility, after all, and there are significant risks if you cannot uphold your responsibilities. That is why you should make sure to know these five things, if you are either going to become a guardian, or already are one:
- Do your best to ensure they are safe and healthy
- The first and foremost responsibility of any guardian is to protect the safety and well-being of their ward. This means ensuring they are properly fed and cared for, and that they have access to adequate medical care for any illnesses or injuries they may suffer. It also means protecting them from potential exploitation by others who might want to take advantage of your ward’s vulnerability, such as scam artists who may try to target elderly wards with dementia.
- Keep track of all spending for your ward
- You are responsible, as a guardian, to keep track of all spending done from your ward’s accounts, no matter how small. In practical terms, this means you should keep a spreadsheet or ledger with all such expenses, and preferably also make sure to keep track of any receipts. This will help you to demonstrate that you are in line with your fiduciary responsibilities when you report to the court.
- Make sure to get them to all appointments
- People can have a lot of appointments to get to, even people who need the assistance of a guardian to care for them. Minor wards may need help getting to school or attending extracurricular activities, while older wards will need help attending doctor’s appointments and other obligations. If a ward starts missing appointments without explanation, it could result in legal difficulties for you as a guardian.
- Keep up with all reports to the court
- A part of a guardian’s duties is making regular reports to the court that granted the guardianship about your ward’s well-being. In addition to general statements about a ward’s health, it also includes an update on their finances and assets. Making sure you keep up with these reports is essential, and a guardian can face serious trouble if they fall behind on their reporting.
- If you aren’t sure about anything, speak to a lawyer
- The laws surrounding guardianships are complex, and you can’t be reasonably expected to know everything yourself. That is why you should make sure to speak to a lawyer with experience handling guardianship cases. They can help answer any questions you may have, as well as help you with any legal issues that may arise.
The guardianship law attorneys at David J. Lorber & Associates, PLLC will work with you to determine whether a guardianship might be necessary for your loved one, and help you to get a guardianship that will suit your needs. For comprehensive guardianship 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.
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