Guardianship is an important legal relationship between a person in need of support and the person charged with their care. There are a variety of ways that guardians may be selected for appointment when a need arises; a New York resident may name a prospective guardian in their estate plan or a court may choose someone to serve as a guardian based on their relationship to the individual in need.
A guardian has many tasks that they must complete to fulfill their role. Many of their tasks revolve around the financial management of their ward’s life. For an aging individual, a guardian may also manage their ward’s medical care, day-to-day support, and investment portfolio.
However, not all guardians undertake their duties with responsibility and the interests of their wards in mind. A guardian who neglects their ward through the avoidance of their duties may be removed from their role. Additionally, a guardian who abuses their power, uses their ward’s money for their own enrichment, or otherwise breaks the law with respect to their guardianship expectations may be taken out of their position.
Rarely in the case of an aging individual will a guardian be removed if their ward regains their capacity to manage their own affairs. This may happen when illnesses are remedied but older individuals who have reached the later stages of their lives may never achieve this outcome. Further questions about the duties and appointment of guardians, as well as the ways that guardians may be removed from their positions of trust and power can be directed to New York attorneys who include guardianship in their legal practices.