The Legal Responsibilities of Guardians

Guardianships are incredibly important for ensuring that some of the most vulnerable people in our society are cared for. Because of how important they are, though, they come with significant responsibilities, both towards a guardian’s ward and to the court that granted the guardianship. Here are five important legal responsibilities guardians have to fulfill as part of their guardianship:

1. They must ensure their ward’s needs are taken care of
   • The most important duty guardians have towards their wards is ensuring their basic needs are taken care of. This means ensuring they have access to food, shelter, and medical care that is suitable to their needs. It also means arranging adequate transportation to get where they need to go, and ensuring they always have necessary accommodations for any activities they want to participate in.
2. They must manage their ward’s personal affairs
   • Guardians are also responsible for managing some or all of their ward’s personal affairs, depending on the scope of the guardianship. This may mean ensuring their bills are paid, ensuring they receive medical care for any illness or injuries they receive, and handling any legal problems that arise. It also means the guardian is responsible for managing their ward’s property and accounts, and if the ward is involved in litigation, the guardian is the one who represents their interests in court.
3. They must make important decisions on their behalf
   • Guardians are also entrusted with making major legal, financial, and medical decisions on behalf of their wards. This means, for example, deciding how to spend or invest money, including making decisions about all major purchases. It also may mean giving informed consent for medical procedures, and, if necessary, authorizing end-of-life care.
4. They must make regular reports to the court
   • Guardians are not left to handle their wards’ affairs on their own. They must regularly report back to the court about their ward’s welfare, including reporting any expenditures made with the ward’s money and updating the court on their physical and mental health. A guardian who fails to make these reports could face legal sanctions, including potentially being removed as guardian.
5. They must put their ward’s interests first
   • Guardians must always put a ward’s interests before their own. This means, along with everything else, that a guardian cannot enrich themselves from the property of their ward. A guardian who fails to properly care for their ward, or who embezzles from their ward’s property, may face severe legal penalties, including potential jail time.

    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.