What does a legal guardian do?

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Q: What are the duties of a legal guardian for eldery parents?

A: The term "legal guardian" has different meanings in different states. I'll take it to mean that your question applies to the duties of a person who was appointed guardian over an incompetent elder by a court. A guardianship is also called a conservatorship in some places. The guardianship can cover either the person's money, or the person's safety and welfare, or both.

The duties of a guardian, generally speaking, are to oversee the welfare and safety the person under guardianship, and to attend to the financial needs of the individual, using his or her assets wisely. A guardian has a legal duty, called a "fiduciary duty", to act in the best interests of the individual. A guardian has total control over the person they are appointed to serve.

They can decide how to spend the elder's money, where the elder will live, what medical care the elder will receive, and how much freedom the elder has in his or her life. The powers can be total. An elder under guardianship loses the freedom to make decisions for himself or herself about all important aspects of life.

The guardian also has a duty to protect the elder from abuse, to keep complete records of all expenditures, and to report regularly to the court which appointed the guardian, as to the elder's finances and status. The requirements vary somewhat from state to state, but generally, the court decides how often the guardian must return to court to report to the court how money is spent and what the status is of the elder. Being a guardian is a very heavy responsibility. It is formal, public and supervised.


Carolyn Rosenblatt is a Registered Nurse and an Attorney, with 40 years of combined experience in her two professions. Read her full biography

 
 

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hapsadgla

Give a Hug

Jul 30, 2009

confused / hurt/ need help
Family disagreements has gotten the best of me. Continue harrassment from my siblings thinking they know best for my mother when I have been the sole caregiver for the last several years. I have tried everything and I final I allowed my mother to go with my sister feeling that this would stop the harrassment but it hasn't. I am confused as to whether or not I did the right them. Taking my mother from a stable home too an unstabled home. I later found out that my sister will only be in town for 2-3 months and then she will leave my mother in the care of her son and his girlfriend and the other sibling who goes off on drinking sprees. My siblings think that my mother can make her decision but over the last few months her demeanor has totally changed; yelling at the bus driver,accusing the aid of stealing and saying mean things to her and even accussed me of walking in the house from the store and telling her to get all her things and get out . I love my mother and wants the best for her bu yet I am tried of being the punching bag. What else can I do to make sure that my mother is making the best decision for herself not for her wants? Please someone help! I can't sleep,eat or even stop worrying of her saftey.

 
 

vclocrow

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Feb 4, 2010

My 75 year old Mother has mentioned sucicide to me twice in the last month, how do I get power of attorney so I can speak with her physcians and psychiatrist?

 
 

anonymous123

Give a Hug

Jul 19, 2010

I have a strong suspicion that my mother in law is deliberately stealing her mother's money (not sure if all of it is from SSI or just her personal savings) when I came across a large amount of cash in my mother in law's home which, ironically enough, included the actual bank slips from where she cashed checks on her mother's account. I am confused as to what to do, not wanting to confront my mother in law over what is essentially her personal business that I happened to discover. I recall in the past being in the same vehicle with my MIL when she took $1,000 out of her mother's account. She has several stacks of money dating back over a year with the receipt inside the banker's envelope. I could understand if she was setting the cash aside to be used to her mother's expenses, but if the money was set aside and left in the house for over a year, what purpose did this withdrawal serve? I honestly feel like she is ebezzeling this cash from her mother. What should I do?

 
 

richard622

Give a Hug

Sep 2, 2010

my mother in law is lost and very confused! she has had 5 strokes and brain surgery and she is only 69 years old . We feel that she needs help but refuses! she loses things ,forgets to pay bills, her account is always overdrawn! she can not afford food! has no phone due to not paying her bill. when i used to help her pay all was fine! she had money left over! what happened was she wanted to be "independent" But she is not she can not do the things the she used to do... she almost burned her self down in her apt. by forgetting a simple dish on the stove ! by falling asleep . she can barely walk after her knee surgery as well. her mind is not the same she can not read well nor write at all ! how can we get power of attorney to help keep her safe! and not to see her on the streets she may lose everything! due to her lack of memory and lack of keeping track of what to do with her money ! she is also a diabetic insulin depended one and on alot of medications . to which i am the one who fills a weekly container for her to take on a daily basis because she does not know how to do it! she can not even write a check! we need help to help her she can not live the way she lives! she has threatened sucide as well....

 
 

annelm

Give a Hug

Dec 18, 2011

Can one relinquish their guardianship rights for an elderly woman from a 2nd cousin to her daughter? The cousin does not want the responsibility any longer and should have gone to the daughter in the first place.

 
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