Becoming a guardian is an incredibly important role that comes with a significant set of responsibilities and rights. Whether you’re stepping in to care for a minor or an incapacitated adult, it’s essential to understand the full scope of your duties to ensure you’re acting in the best interest of your ward. Maris Gordon, an experienced New York guardianship attorney, often reminds clients that guardianship is not just about legal authority but also about compassion, responsibility, and ethical decision-making.
Rights of a Guardian
As a guardian, you are granted several rights that empower you to make decisions on behalf of your ward. These rights can vary depending on the type of guardianship, but they generally include the authority to make important life decisions for the individual under your care.
For example, a guardian has the right to make decisions about the ward’s healthcare, education, and living arrangements. You can choose medical treatments, select schools, and determine the living environment that best suits their needs. However, these decisions must always be in the best interest of your ward, and you must act with their well-being at the forefront.
In some cases, if you’re appointed as a guardian of the estate, you also have the right to manage your ward’s financial affairs, including accessing and managing their assets, paying bills, and making decisions about their financial future. It’s important to note that this responsibility comes with a legal obligation to be transparent and accountable, which may require regular reporting to the court or other authorities.
Responsibilities of a Guardian
Along with the rights, guardianship also comes with significant responsibilities. A guardian’s primary duty is to care for the individual under their charge. This responsibility involves providing for their physical, emotional, and financial needs. If you’re serving as a guardian for a minor or someone who cannot care for themselves, it’s crucial to ensure their daily needs are met, from food and shelter to emotional support and social engagement.
One of the biggest responsibilities you have as a guardian is managing your ward’s finances, particularly if you are the guardian of their estate. You are legally obligated to manage their assets responsibly, avoiding conflicts of interest and ensuring that funds are used solely for the benefit of the ward. Failure to do so could result in legal consequences.
In addition to these practical duties, a guardian must adhere to New York guardianship law, ensuring that all decisions align with the law and the court’s directives, including keeping the court informed of any significant changes in the ward’s condition or circumstances, such as a change in their health status or living situation. A New York guardianship attorney can guide you through these legal processes to ensure compliance.
Ethically, a guardian must always put the best interests of the ward first, even when making difficult decisions. This can be challenging, especially in complex situations where there may be conflicting interests or emotions involved. It’s important to remain objective and seek advice when needed to ensure you’re fulfilling your responsibilities properly.
Ethical Considerations
Guardianship is more than a legal obligation—it’s a moral one. Guardians must navigate the fine line between protecting their ward and preserving their autonomy. In many cases, the goal is to help the individual regain independence, especially in cases where temporary guardianship is needed. In all situations, a guardian should act with integrity, avoid conflicts of interest, and ensure that they are advocating for the ward’s true needs.
Steps to Becoming a Guardian
The process of becoming a guardian in New York involves petitioning the court, undergoing an evaluation, and receiving approval. This legal process ensures that the guardian is fit for the role and that the ward’s best interests will be safeguarded. Having a skilled guardianship lawyer in New York, like Maris Gordon, can guide you through this process smoothly and ensure you’re meeting all necessary legal requirements.
The role of a guardian is rewarding and challenging. It requires a deep understanding of legal responsibilities, as well as a commitment to the well-being of the person under your care. Whether you’re considering guardianship or are currently serving as one, it’s important to seek legal counsel from experienced guardianship attorneys in New York City to ensure you are fulfilling your duties properly. Maris Gordon and her team of guardianship lawyers in New York are here to offer guidance and support as you navigate the complexities of guardianship so you can act confidently and in the best interests of your loved one.
If you need legal assistance, reach out to Gordon & Gordon today.