Responsibilities Of A Guardian
You do have responsibilities and these I’m going to go thorough very quickly, because usually they are not surprising to anybody. You have to be available to the ward, you have to act in the wards best interest, you must comply with the reporting requirements of the court, that is the biggest reason people get kicked out of being a guardian. They don’t file the required reports with the courts. File the reports. It’s only a two page thing once a year, it’s not difficult, and just do it. You must use the ward’s resources for the ward’s benefit. Anybody having any problem with any of these? It’s really not that complicated. You do have to inform the court of any conflicts of interest that might arise. Conflicts of interest can be anything from grandparent passed away and now we jointly own some property, usually that is one of those things that’s ok; you just need to tell the court about it. A more complex one would be is if there was a car accident and it was your fault and your ward was injured. That’s a conflict of interest and your ward may have to sue you. You as the guardian can’t do that and that’s where the court does have to get involved. The rights that are taken away from the ward are the right to enter into marriage, the right to enter into contracts and the right to determine where to live. If your child has been talking to someone who wants to move to California if they are over the age of eighteen and they move to California, you can’t stop them, if you are their guardian, the police will actually go and pick them up and bring them back to you. They also lose the right to consent to treatment. They are still supposed to take part in all these decisions. In fact, Judge Clark will inform you that you will include them in the extent that they are able in the decision making process concerning them. They lose the right to revoke a revocable trust, They do not lose the right to refuse treatment, which is a big problem in the mental health world. Just because you are their guardian doesn’t mean you can force them to do something. You can consent to the treatment but you cannot force the treatment. Right to independent legal advice is not lost, right to contest guardianship the right to vote, and the right to make a will, all those rights are not lost. They retain those rights, now in certain circumstances some of these rights can be removed , the only right that I’ve ever seen removed is the right to vote, and I still have not explanation as to why the judge removed the right to vote. That is one of those standard not taken away.
Nadler Biernath LLC assists clients in the Atlanta, Georgia area and throughout Georgia including Kennesaw, Alpharetta, Roswell, Marietta, Buckhead, Johns Creek, Duluth, East Cobb and Dunwoody.