Your Responsibilities as the Legal Guardian of Your Incapacitated Parent
A legal guardian is a person with the legal authority (and the corresponding duty) to care for another person’s’ personal and property interests, called a ward. Most often, guardians are appointed by a court to oversee the well-being of minors and incapacitated adults. A minor is someone who is not yet 18 years old. An incapacitated adult is someone over 18 years old who cannot care for their own interests.
If you are the legal guardian of an incapacitated person, you are responsible for seeing that the person’s essential needs are met. You must also ensure that the person’s property is cared for and managed according to the law. The following paragraphs will explain your responsibilities as the legal guardian of your incapacitated parent in more detail.
The challenges you may face
Before you become a legal guardian, you should understand the duties and responsibilities that come with this role. Once appointed as guardian, you will be responsible for making decisions about your parent’s care and welfare. This includes decisions about where they will live, what medical treatment they will receive, and what type of education or training they may need. In some cases, a power of attorney is also granted to the guardian. This gives the guardian the authority to make financial decisions on behalf of the incapacitated person.
However, some appointed guardians experience accusations from family or friends of the ward that they are misusing their power or not fulfilling their duties. In this case, they will exert much effort in proving the power of attorney abuse to strip you of your duties as guardian.
If you are accused of power of attorney abuse, it is essential to take these accusations seriously and take steps to defend yourself. These accusations can come from family or friends of the ward. They believe you are not making decisions in the ward’s best interests. They may also come from government agencies or financial institutions concerned about how you handle the ward’s finances. If you are accused of power of attorney abuse, you may be removed as a guardian by the court. You may also be subject to criminal charges if it is determined that you have misused your authority.
Your Responsibilities as the Legal Guardian of Your Incapacitated Parent
Once you have been appointed as the legal guardian of your incapacitated parent, you will have several responsibilities. These responsibilities fall into two categories: providing for your parent’s personal needs and managing your parent’s property and finances.
Providing for Your Parent’s Personal Needs
As the legal guardian of your incapacitated parent, you will be responsible for seeing that your parent’s essential needs are met. These needs include shelter, food, clothing, medical care, and personal hygiene. In some cases, you may also be responsible for providing your parent with supervision and protection from physical or emotional harm.
You must ensure that your parent has a safe place to live. If your parent can no longer live independently, you may need to find a nursing home or assisted living facility that can provide the level of care your parent needs. You will also need to ensure that your parent has enough food to eat and can maintain personal hygiene. Depending on your parent’s condition, you may need to provide assistance with bathing, dressing, and using the restroom.
In addition to meeting your parent’s basic needs, you will also need to make sure that they receive any necessary medical care. This may include regular checkups, vaccinations, dental care, and mental health counseling. If your parent has a chronic illness or disability, you will need to ensure that he or she receives ongoing treatment from a doctor or other health care provider.
Managing Your Parent’s Property and Finances
As the legal guardian of your incapacitated parent, you will also be responsible for managing his or her property and finances. This includes paying bills, maintaining insurance coverage, filing taxes, and keeping track of bank accounts and investments. In some cases, you may also be responsible for making major purchases on behalf of your parent or selling property belonging to your parent.
The bottom line
Being named the legal guardian of an incapacitated person is a serious responsibility. As the legal guardian, you will be responsible for providing for your parent’s personal needs and managing their property and finances. While this responsibility can be daunting, it is essential to remember that you are taking on this role to ensure that your parent receives the care he or she needs. With careful planning and consideration, you can ensure that you and your parent are well taken care of during this difficult time.
