When an individual requires care to the extent that they become a court-appointed guardian, the court will appoint a guardian or legal guardian to assist. The guardian takes on the responsibility of the basic care and daily needs of the child or person determined to be mentally or physically incapacitated, while the legal guardian is appointed when the minor or disabled adult needs an adult to manage their property and assets.
Differences Between Legal Guardianship and Guardianship
Legal guardianship: The primary responsibilities involve managing the financial affairs of the ward.
Guardianship: The primary responsibilities involve caring for the personal and daily needs of the ward.
Additional duties of legal guardianship may extend to larger properties and assets, while guardianship may extend to securing medical care, education, and minor financial responsibilities.
The checks on authority in legal guardianship involve fiduciary duties, legal agency, and annual reports, while fiduciary duties are limited to a minimum estimated at less than $24,000 annually.
Basic Responsibilities
Guardianship: The guardian is responsible for the personal care of the ward, taking care of essential matters such as housing and medical care. The guardian ensures that the ward has a place to live, such as the guardian’s home, with a caregiver, or in an assisted living facility or full-care center.
Legal guardianship: The guardian is appointed to care for the daily and financial needs of the ward while working with them to make financial decisions (when possible).
It is worth noting that in some states, such as California, there are two types of guardians: personal guardians (who care for non-financial daily needs) and financial guardians (who manage daily financial needs).
In cases where the ward has larger assets, the guardian may need to apply to the court for authority to make decisions about purchasing, possessing, or selling assets such as real estate or certain physical properties.
The guardian maintains ongoing communication with the ward’s institutions to ensure everything is managed appropriately. The court order for legal guardianship grants the guardian the legal authority to make financial decisions on behalf of the ward.
Additional Duties
Guardianship: The guardian is also required to ensure that the minor ward receives the necessary education in addition to the responsibilities mentioned earlier, and to obtain any training the ward may need. Responsibilities also include minor financial duties such as paying bills and purchasing daily necessities.
The guardian can often make medical decisions on behalf of the ward, although some states limit this authority depending on the ward’s situation.
The guardian uses the ward’s funds to pay bills, including medical and personal bills. They also ensure that tax returns are filed and paid as needed.
If the minor ward has liquid assets (which can be quickly converted to cash), the guardian may decide where the money can be held and who will be responsible for overseeing its investment. The guardian may do this directly or enlist a professional financial advisor or attorney.
Verification of Authority
Generally, proof of income or benefits totaling $24,000 annually is used to determine whether an individual needs a guardian or legal guardian. Guardianship is utilized when the ward has more financial assets.
The guardian is typically responsible for preparing a report outlining the actions taken on behalf of the ward, and submitting it to the court annually. Some states require that the guardian begin with a full accounting report of all the ward’s assets and debts at the time of establishing the guardianship.
The annual report usually includes how the ward’s assets were bought and sold, and what was spent on behalf of the ward during the previous year.
The report must include a plan detailing the medical treatment and personal care received by the incapacitated ward during the previous year, as well as a schedule for the medical and personal care of the ward in the following year.
Typically,
The guardian or conservator appointed by the court must also submit a final accounting report of the minor’s assets when the minor reaches the age of majority.
It is worth noting that the guardian may be required to provide a report from time to time detailing the current mental and physical condition of the conservator, which can determine whether the guardianship or legal conservatorship is still necessary.
Which is suitable for your situation?
Guardianship may be appropriate in the following cases:
- If the ward is a minor and does not have parents or relatives who can serve as daily caregivers.
- If the ward is an adult who is mentally or physically unable to care for himself and his basic needs.
- If the ward has special educational or medical needs that are not currently being met.
Legal conservatorship may be appropriate in the following cases:
- If the ward is an adult who has been determined to be legally incapable of making his own financial decisions, and there is no one acting as an agent.
- If the ward is a minor who has been left a large sum of money or entrusted with it.
When is court approval required?
The guardian and conservators have many duties and responsibilities when they are assigned to care for the conservatee. Depending on the state laws where the ward lives, some of these duties and responsibilities may require court approval, while others may not.
Florida law requires that the conservator obtain court approval before selling any real estate or personal property belonging to the ward. Nebraska requires court approval before using the ward’s debit card to withdraw funds from the account. In Massachusetts, a guardian cannot place the ward in a long-term care facility or manage certain medications without a special court order.
If you have been granted the privilege of caring for someone as a guardian or legal conservator, be sure to understand the laws and requirements in your state.
Frequently Asked Questions
What are the differences between legal conservatorship and guardianship?
Who needs legal conservatorship?
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Source: https://www.thebalance.com/conservatorship-vs-guardianship-5188738
Source: https://www.thebalancemoney.com/duties-and-responsibilities-of-a-guardian-or-conservator-3505432
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