When an injury, illness, or disability prevents an adult from caring for themselves and making decisions, the court should appoint a guardian. There are two types of guardianships:
- Guardian of the person – Oversees living arrangements, personal care, healthcare, and more
- Guardian of the estate – Manages financial and legal decisions and affairs
If you are seeking guardianship or are appointed by a court, it is crucial to understand your role and responsibilities.
These responsibilities should be as narrow as possible to allow the ward to continue making as many decisions as they are able to. Some disabled adults may struggle with financial matters, but they are fine to handle their personal care and most daily activities. However, in cases involving unconsciousness, serious dementia, or similar conditions, guardians might have to take over all decisions for the person and the estate.
Guardians of the person are responsible for ensuring the ward has a suitable place to live, nourishment, and daily care as needed. This might involve deciding to move the ward into an assisted living facility. The role also includes ensuring the ward is receiving necessary care and treatment for health-related matters.
Guardians of the estate often must open a guardianship account for financial transactions. They also ensure that bills and taxes are paid, investments and assets are properly managed, and all financial matters are recorded. This guardian owes the ward a fiduciary duty, which prevents them from acting in a self-serving manner, as well as requires them to make prudent decisions, among other things.
Contact a Rolling Meadows Guardianship Attorney
The role of a guardian can be complicated, and legal guidance is important. Do not hesitate to speak with Rolling Meadows guardianship lawyer Charles Newland for assistance. Contact us online or call 847.797.9300 for more information today.
