The role of a guardian depends on the type of guardian role we are discussing.The Guardian of a Person carries the critical role of taking care of someone’s daily needs. This includes ensuring the person has food and water, a place to live, and help with activities of daily living. The guardian’s role is vital to keeping the person healthy and safe. A guardian of the person also has the ability, if appointed to do so, to make medical decisions in that person’s best interest.
The Guardian of an Estate is responsible for handling someone’s bills, understanding what income and expenses are present each month, understanding what assets and liabilities the person has, and making decisions about the person’s financial wellness.
For example, if the vehicle is upside down and requires a $500 payment each month, but the individual will never drive again, the guardian must make a decision.
An estate guardian may also be responsible for managing investment accounts and working with various investment organizations. They ensure that the individual’s needs are met and that their money is managed in a way that best benefits them. This includes making sure there has been no financial exploitation.
The Relationship Between A Guardian, Family, & Friends
When a guardian is appointed, the relationship between the guardian and the family or friends of the person being protected can vary greatly depending on the particular circumstances. In some cases, the guardian may have come into the situation after learning that a family member has been exploiting another financially, which can make for a very difficult relationship.
There are many situations in which someone may need a guardian. This could be due to abuse in the home, making it an unsafe environment for the person. The guardian’s job is to protect the ward from any future exploitation or assaults. This can be a difficult task, but it is important to ensure the safety of the individual.
Although it is not always the case, guardians generally have a good relationship with family and friends. This is because, in most cases, they are family or friends themselves. The only time a public guardian is used is when the ward has no family at all or when the family is unable to provide the necessary assistance.
There are times when a person is unable to support themselves due to physical or financial reasons or because they are the abuser. In such cases, the public guardian becomes their guardian. On the financial side, it is more common for a public guardian to be appointed to manage the estate.
The Relationship Between A Guardian & Other Professionals
A guardian’s job is to protect and advocate for the best interests of their ward. This can involve interacting with banks and government agencies, meeting with doctors and other professionals, and researching and gathering information. Guardians must be able to understand complex situations, retain important information, and make decisions in the best interests of their ward.
As the guardian, you have a duty to report many things to the court and be able to understand them. You will need to rely on professionals like CPAs, tax experts, attorneys, and bankers to help you navigate the system. Having established relationships with these people ahead of time will make the process much easier.
Guardianship Monitoring & Court Supervision
The court system is in place to provide supervision and protection for individuals who are unable to care for themselves. This is typically done through the appointment of a guardian, who will assume many of the same duties and responsibilities as the individual.
However, it is also possible to plan for this type of situation through the use of durable power of attorney and healthcare power of attorney documents. This allows another person to act on your behalf in the event that you are unable to do so yourself. These documents can be very powerful tools, so anyone considering using them should do so with care.
A guardian’s role is vital in ensuring the safety and well-being of their ward. They are required to provide regular reports to the court on the health and location of the person they are looking after, as well as any changes or issues that have arisen since the last report. This helps to ensure that the individual is receiving the care and support they need and that their rights are being protected.
As the guardian of the state, you are required to file an accounting within 90 days of obtaining assets and to provide an annual report to the court accounting for how the money was spent. This also means turning in copies of bank records and receipts.
If a guardian wishes to take any actions which could potentially affect the ward, they must first seek permission from the court. The guardian does not have complete authority over the ward and cannot make decisions unilaterally. For example, if the guardian wishes to sell the ward’s house, they would need to receive approval from the court beforehand.
The court has a lot of authority over guardianship, and rightfully so. Guardians have a lot of power, and the court wants to make sure that no one person can dispose of a ward’s entire estate before the court has a chance to review it. Selling a vehicle, for example, would require permission from the court.
The Family’s Right To Guardianship Oversight
As a family member, you have a right to understand how your family’s money is being managed. You can request an annual accounting or inventory from the person in charge of the finances, and they should be able to provide this to you. This way, you can be sure that everything is above board and that your family’s money is being well-managed.
The court can always set a hearing to review guardianship, and any interested party can bring a matter before the court to ask questions or to review guardianship. This provides a great deal of oversight.
For more information on Guardianships Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (980) 324-3099 today.