Guardianship

A fiduciary acting as a guardian has specific responsibilities to ensure the well-being and best interests of their ward (a minor or incapacitated adult). Here are the key duties and actions a fiduciary guardian would perform:

1. Personal Care and Well-Being

• Description: The guardian is responsible for ensuring the ward's physical and emotional needs are met.

• Examples:

  • Arranging for adequate food, clothing, shelter, and medical care18.

  • Making decisions about healthcare, education, and daily living activities8.

  • Ensuring the ward attends important appointments and social engagements1.

2. Financial Management

• Description: If the guardian also manages the ward's finances (often referred to as a conservator), they must handle all financial matters responsibly.

• Examples:

  • Managing income, expenses, and assets prudently3.

  • Paying bills, taxes, and other financial obligations on behalf of the ward2.

  • Keeping detailed records of all financial transactions and reporting to the court when required3.

3. Decision-Making in the Ward’s Best Interest

• Description: The guardian must always act in the best interest of the ward, prioritizing their needs above personal interests.

• Examples:

  • Consulting with family members or reviewing legal documents (e.g., Living Will) to understand the ward’s values and preferences8.

  • Involving the ward in decision-making whenever possible to respect their autonomy and dignity8.

4. Advocacy and Protection

• Description: The guardian serves as an advocate for the ward’s rights and ensures they are protected from harm.

• Examples:

  • Preventing abuse, neglect, or exploitation of the ward6.

  • Enforcing visitation rights with family members or friends if isolation tactics are used by others6.

5. Court Reporting and Compliance

• Description: Guardians are accountable to the court and must comply with all legal requirements.

• Examples:

  • Submitting periodic reports on the ward's condition and finances to the court38.

  • Seeking court approval for significant decisions like selling property or changing residence8.

6. Encouraging Independence

• Description: Guardians should support the ward in developing skills to regain independence where possible.

• Examples:

  • Helping the ward assume responsibility for decision-making if their condition improves8.

  • Allowing them to exercise rights within their ability to comprehend and make decisions8.

A fiduciary guardian is held to high ethical and legal standards, including duties of loyalty, care, prudence, and confidentiality. Failure to fulfill these responsibilities can result in legal penalties or removal from guardianship13.

Citations:

1. https://djlorberlaw.com/guardianship/what-is-the-fiduciary-duty-of-a-guardian/

2. https://bartholomew.in.gov/voter-registration/voter-registration-documents/guardianship/3854-a-guide-to-performing-your-fiduciary-duties/file.html?tmpl=component

3. https://www.brothershenderson.com/blog/2022/06/what-are-the-fiduciary-duties-of-trustees-and-guardians/

4. https://www.usafa.af.mil/Portals/21/documents/Leadership/JudgeAdvocate/So%20Now%20You%20Are%20A%20Guardian.pdf?ver=2015-10-30-115235-497

5. https://www.investopedia.com/ask/answers/042915/what-are-some-examples-fiduciary-duty.asp

6. https://www.justice.gov/elderjustice/mistreatment-and-abuse-guardians-and-other-fiduciaries

7. https://law.syracuse.edu/wp-content/uploads/Issue_Brief_Working_Group_5_Fiduciary_final.pdf

8. https://www.legalmatch.com/law-library/article/guardianship-fiduciary-duties.html