Depending on your personal circumstances, you may one day find yourself becoming the legal guardian of someone you love. When this occurs, you may be burdened with sudden legal and financial responsibilities you were not prepared for. But what exactly does it mean to become someone else’s legal guardian, and what should you do when that happens?
What is a Guardian?
A guardian is someone who has been placed in a position of legal responsibility over someone else, who is known as a ward. The guardian is given the power to make legal, financial, and medical decisions on behalf of their ward, but also must ensure their ward’s personal well-being is maintained. They are also responsible for making regular reports to the court that authorized the guardianship, including an accounting of all expenses made on their behalf.
Why Might You Become a Guardian?
There are many reasons someone might become a legal guardian. Commonly, this occurs when a child’s parents become unable to care for them, or when someone is born with congenital disabilities that will prevent them from being able to fully care for themselves. It can also occur when a loved one suffers from a severe illness or injury, or when they suffer from dementia to the point that they can no longer remain independent.
What Are the Responsibilities of a Guardian?
The basic responsibility of a guardian is to ensure their ward is safe, healthy, and happy, at least insofar as that is possible. This means not only ensuring they are properly fed and sheltered, it also means ensuring they get effective medical care for any problems they are suffering, and that they make any appointments they have. It also means managing their personal finances, and keeping track of all expenses.
What Should You Do?
If you have found yourself in a situation where you need to seek a legal guardianship for someone you love, you should speak to a lawyer with experience handling guardianship law. They can assist you with your case, and help you get the best possible outcome for you and your loved ones. The sooner you call, the sooner they can get to work for you.
The elder 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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