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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  •  Comments 1 to 10 of 11 
 
 

hapsadgla

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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

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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

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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

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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.

 
 

howy99

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Feb 15, 2012

looking for guidance
Wife has dementia, lives in NC, her husband has power of attorney. She will move to another state Indiana where her son will apply for guardianship. She will live in an assisted living community. At present I am reponsible for her paying the asisted community's bills. When her son gets guardianship does this automatically release me from being responsible for her bills. There will be investments transferred from a NC account into one of her sons choosing when he takes over control. What should I do about protecting my interest and whatever document realeases me from payment responbsibilty?

 
 

cmagnum

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Mar 1, 2012

Unless the laws are different in Indiana, there must be a court hearing for your wife's son to get guardianship and a doctor must testify that she is not competent to handle her business in a business like manner along with stating why, plus she will be present during the hearing. The judge will probably ask you why you no longer want to be her POA and then make his ruling. Once her son is awarded guardianship, it trumps POA and you are automatically released from those responsibilities. Are those investments for transfer jointly owned by you and your wife? If so, you might not want her son to have total control of those. Anyway, if it is a jointly own investment, then half of it belongs to you. It will be her son's responsibility to contact those to whom bills need to be paid to let them know that he is her guardian and that he is now the person responsible to make sure her bills are paid. Until guardianship is awarded in Indiana, you will be responsible for paying for those bills at the assisted living place.

 
 

rfrances

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Mar 26, 2012

Who makes sure a guardian is following the law as to the elderly's rights and doing what is legally right. Do children of the elderly have the right to question the guardian and see records of where pension and other money is going or went? The state is Pa. Thanks, R. Frances

 
 

louiam

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Apr 22, 2012

I had to take my mom to the hospital today my brother is her p.o.a I truest to call he wouldn't answer his phone my is in the early stage of dementiai have no way to.pay fo ir her meds unless I use my money he keeps her check book the acct is only. In her name I can't pay for things I'm out of work l don't know what to do he never takes her to any appt so what are his duties just keep her money for himself.

 
 

cmagnum

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Apr 22, 2012

rfrances, the guardian is supposed to report their actions to the court. I believe the children have the right to question the guardian and see their reports. I would call the county courthouse where this guardianship was awarded and find out who to direct your questions to.

 
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