Once you are appointed guardian, it is important that you understand your specific duties, responsibilities, and powers, as well as any limitations to those powers. You need to obtain a copy of the court order appointing you guardian, sometimes referred to as the final decree, and a guardianship certificate if your county provides one, both for your records and to share with others as needed to exercise your rights as guardian. If you have any questions or concerns about your role as guardian, it may be helpful to consult with an attorney. The court has entrusted you with the care of another individual and is a source of information and support as well.
Keeping the following in mind will help you to be a successful guardian and provide the highest level of care to the IP:
Organization is key. Keeping track of paperwork; developing a filing system; and keeping a log of your visits, meetings, and appointments related to the guardianship will help you manage the IP's care and make it easier to complete your annual report.
You have a fiduciary responsibility for the IP, meaning you must always act in their best interest and make person-centered decisions in support of their safety and well-being.
When you accepted appointment by the court as guardian, you agreed to meet certain deadlines for reports regarding the guardianship. It is important that you make note of all due dates for reports and other requirements and ensure you meet these deadlines.xxii
The National Guardianship Association (NGA) has developed Standards of Practice for guardians. You may find it helpful to review these standards, which cover a combination of practical considerations and “big ideas” about the role of the guardian. You can find these standards and more resources on their website, www.guardianship.org.
When a court declares an individual incapacitated and appoints a guardian the court considers what rights the IP will keep, what rights will be delegated to the guardian, and what actions will require pre-approval from the court. xxiii
Rights that the IP will keep include, but are not limited to, the right to be treated with respect and dignity, the rights to privacy and protection from abuse, the right to speak privately with and be represented by an attorney, and the right to petition the court for removal and replacement of the guardian or the restoration of the IP's rights.
Rights that may be delegated to the guardian include but are not limited to the right to determine where the IP lives, the right to consent to medical treatment, the right to manage the IP's property and money, the right to file or defend against lawsuits, the right to apply for government benefits, and the right to make other decisions about the IP's day-to-day care and finances.
Certain actions require court approval before they can be taken. See Guardian of Person and Guardian of Estate for more information.