When someone is appointed to become another person’s guardian, they are expected to fulfill what is known as a fiduciary duty towards their new ward. This duty has a number of important legal implications, which are meant to ensure the welfare of the ward is protected. But what is the fiduciary duty of a guardian, and what happens if they choose to violate that duty?
Explaining the Fiduciary Duty
A fiduciary duty, in simple terms, is a legal responsibility that someone has towards someone else, which forces them to place the other person’s interests before their own. In the context of a guardianship, this means that a guardian must make sure to always do what is in the best interests of their ward, even if that means going against their own personal interests. This means ensuring that their ward is always properly cared for, that they make all of their appointments, and that their assets are responsibly managed.
How a Guardian Can Violate Their Duty
There are a number of ways a guardian can potentially violate their fiduciary duty. Some of the most common violations include:
- Failing to ensure a ward has adequate food and water
- Failing to provide their ward with adequate access to doctors and other medical care
- Failing to ensure their ward makes it to important appointments
- Failing to ensure a ward is able to attend social engagements
- Cutting off a ward’s access to friends or family members
- Using a ward’s money or assets to purchase something for themselves
- Mismanaging a ward’s personal assets due to recklessness or neglect
- Physically or emotionally abusing a ward
What Happens if the Duty is Violated
When a guardian violates their fiduciary duty towards their ward, it can result in significant potential legal penalties. In addition to potentially losing their position as a guardian, they could also face fines from the court, legal sanctions, and even incarceration, depending on the severity of their breach. The court takes these kinds of violations very seriously, and even relatively minor infractions can result in serious problems for a guardian found to have violated their duty.
What You Should Do If Guardian Violates Their Duty
If someone you love is under the care of a legal guardian and you suspect their guardian has violated their fiduciary duty, you can seek to challenge the guardianship in court. However, to do that effectively, you will need legal counsel from a lawyer with experience handling guardianship cases. They will help you to explore your potential legal options, and get the best possible outcome to your case.
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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