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We recommend that the individuals appointed as guardians have legal representation to ensure that they act according to the prescribed fiduciary laws of the State of New York. Most often, the courts will request that the guardians account for the acts and proceedings. It is best to have an attorney to prepare/review said accounting to avoid strict surcharges and personal responsibility by the courts. Legal guardians must be diligent and cannot hide behind a defense of passive indifference or lack of knowledge.
When someone is appointed as a guardian, or a conservator, they will have several important obligations that they must meet. This obviously starts with providing for the care that the individual needs, but it goes beyond that. As a guardian, you must always act with the best interests of your ward . You can’t ‘self-serve’ or make a decision that is best for you personally. If you do, there can be serious legal ramifications.
If you have a loved one who is in need of care, please contact us to learn more about how you can set up a guardianship or conservatorship. This is not something you want to put off since it can take-weeks for the courts to approve this type of request. We’ll help you get everything taken care of so you can ensure your loved one is cared for properly.
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