Smithtown guardianship attorneys provide assistance in cases of incapacity. When someone has become incapacitated by physical or mental illness, it can be very difficult emotionally for those involved, including family members as well as the person who has been appointed as the guardian. In many cases, the guardian is a friend or a relative of the person who is incapacitated, which means the guardian has to deal with grief over that individual’s illness or injury along with dealing with the logistics of serving as guardian. The guardian also has legal responsibilities which must be fulfilled, which can be complicated.
If you have been named as a guardian, you should strongly consider reaching out to Smithtown guardianship attorneys who can help you. Mark S. Eghrari & Associates, PLLC can provide help during guardianship proceedings when a guardian is named and can assist an individual who has been named as a guardian to fulfill his or her role in providing help and support to the incapacitated person. If you find yourself in a situation where your loved one is not able to manage his affairs or make his own decisions, you should give us a call to find out how our firm can help you.
What to Know If You’ve Been Named as a Guardian
A guardian is named when a person who is incapacitated did not have an incapacity plan in place. The person who is incapacitated is called a ward. If an incapacitated person had planned ahead by creating a power of attorney to select an agent who would manage his affairs, and had planned ahead through the creation of advanced directives to make healthcare decisions, no guardian would have needed to be appointed. However, if someone becomes incapacitated with no plan, the court will need to declare that person is in fact incapacitated and will need to assign an appropriate guardian to act on behalf of the ward.
If you’ve been assigned as a guardian to make decisions and manage the affairs of the ward, you have a fiduciary duty. This is the highest duty that a person can owe under the law. It is the same duty that an attorney owes a client. Because you have a fiduciary duty, you must always act in the best interests of the ward at all times. You should not enrich yourself at the expense of the ward or make decisions based on what is most convenient for you. You need to think about what would be right for the ward and make decisions accordingly or you could find yourself accused of a breach of fiduciary duty. You could be sued for breaching your fiduciary duty, so there are legal consequences to not putting the ward first.
You should make sure you understand the scope of your responsibilities when you have been named as a guardian. Determine if you will be making healthcare decisions, what assets you will need to manage on behalf of the ward, and what types of other decisions you will need to make. You may have to make choices about where the ward will live, which nursing home or care facility is best to provide care for the ward, and what will happen to assets. There will be court oversight to make sure that you are fulfilling your responsibilities as guardian and there are a number of complex legal and financial issues that may need to be addressed. You should make certain you have an experienced attorney to guide you so you can fulfill your obligations and do your job as a guardian properly.
Getting Help from Smithtown Guardianship Attorneys
Smithtown guardianship attorneys at Mark S. Eghrari & Associates, PLLC will provide assistance in having a guardian named and will help once you have been appointed by the court as a guardian. We can assist you in understanding and fulfilling your responsibilities and will work to make the process of serving as a guardian as easy as possible for you. You owe it to your loved one who you are serving as a guardian for to get the help and support you need to be the best guardian possible, so reach out to our compassionate and knowledgeable legal team today for help.
You can find out more about guardianship and about the services our firm provides if you join us for a free seminar. You can also give us a call at (631) 265-0599 or contact us online to get help understanding how guardianship works and fulfilling your duties. To find out more about the assistance that our firm can offer, reach out today.
Latest posts by Mark S. Eghrari, Estate Planning Attorney (see all)
- Are Assets In an IRA Counted By Medicaid? - December 14, 2018
- Five Inheritance Planning Tips - December 11, 2018
- Q & A Session With a Long Island Medicaid Attorney - December 4, 2018