Some specific orders and laws must be followed when it comes to being a guardian, whether to a child or an adult. A ‘disabled person’ is someone who is eighteen years or older and who is unable to manage themself mentally or physically. Being the guardian of a disabled adult is a serious responsibility and requires a person to be given control of all aspects of another person’s life. A guardian must act in the best interest of the ‘ward’ (otherwise known as the person who the court has declared as a disabled adult who has been appointed a guardian). They must avoid any conflict affecting the ward and are expected to seek out and rely on financial and legal assistance when appropriate.
A Guardian's Basic Duties
Under the law, a guardian has primary duties they must follow. They will be responsible for any personal or medical care the ward requires. They may also have physical custody of any children that the ward may have who depend on the ward for support and maintenance. A guardian will need to make decisions for the ward’s personal and healthcare and any living arrangements. A guardian will also be required to file written reports on the ward’s current condition, living arrangements, any activities they spend their time doing, and a summary of the guardian's contact with the ward. It is up to a judge or attorney to determine how frequently the court will require the guardian to make these reports.
The Limitations of a Guardian
There are a few limitations for a guardian that are only allowed with the court's permission. However, the ward also has the right to modify and terminate the terms of the guardianship. A guardian must receive a court order if they want to put the ward in a residential facility, such as a nursing home or a mental health facility.
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