Whenever an individual gains guardianship powers over another, they have certain duties under the law. These include making sure that their wards have everything that they need for their day-to-day lives as well as making any necessary reports to the court that may be necessary.
If you have been asked to fill this role, it is essential that you understand the duties of a guardian in Manhattan. A skilled attorney could help you determine whether this is a role that you wish to take on and whether you may reasonably be able to provide the help that another person needs.
In the general sense, guardians have a duty to care for the needs of their wards. According to Kansas Statute § 59-3075, any party that receives guardianship powers over another must carry out their duties with diligence and good faith. This means that the guardian must become personally acquainted with the ward and those close to the ward. The guardian must also become knowledgeable about the ward’s needs and responsibilities.
Furthermore, a guardian must allow the ward to participate in the decision-making process as much as possible. This can include assisting the ward in gaining the skills and experience necessary to no longer require the help of a guardian in the future. A Manhattan lawyer could help potential guardians to understand their duties under the law and recommend steps to help remain in the good graces of the court.
All guardians in Manhattan are subject to judicial oversight. The court that initially grants guardianship powers may review that appointment in the future and take steps to revoke those powers if it believes that a guardian has failed in their duty to protect the ward.
A failure on the part of a guardian to serve in their role could have disastrous consequences. At the very least, the court may act to remove a guardian from their role. However, in situations where a guardian did not make their best effort to protect the ward, and this failure caused a loss or injury, that guardian may be personally liable for all resulting damage. A Manhattan attorney could help guardians to defend themselves against these allegations and demonstrate that the guardian fulfilled their duties under the law.
There is one key concept to remember when examining the guardian/ward relationship. The guardian must always act with only the interests of the ward in mind. This requires them to act with reasonableness and prudence when handling the ward’s day-to-day needs, finances, and legal rights.
To ensure compliance, state law authorizes courts to evaluate the actions of guardians. This may include the submission of guardianship plans. In addition, courts can act to remove guardians who abuse their powers. If you are looking to become a guardian, an attorney could provide more information about the duties of a guardian in Manhattan under the law. For people who are friends or relatives of those who are wards, they could help to evaluate the actions of guardians to determine a potential remedy. Contact us today to get started.
