Partner
Guardianship can help families protect the interests and welfare of a loved one who cannot manage their personal, financial, or legal affairs due to age or incapacity. Although assuming the role of a guardian represents an act of love and service for a family member, doing so has downsides and disadvantages. Understanding the pros and cons of serving in this role can help you decide whether to seek or accept an appointment as a loved one’s guardian. Some of the challenges guardians face include:
Time Commitments
Depending on your loved one’s physical and mental health and their legal and financial circumstances, serving as a guardian may require a significant time commitment from you. Your loved one’s needs may require you to consult with medical professionals, service providers, financial advisors, and attorneys to fulfill your duties. Guardians have various legal obligations and requirements, such as regular check-ins with the ward, managing the ward’s daily care, and reporting to the court. Some guardians find it challenging to balance their time and energy between serving as a guardian and handling other obligations, including their job, family needs, and personal physical and mental health.
Financial Obligations
Many guardians receive the authority to manage a ward’s financial affairs. However, courts may impose a responsibility for a guardian to post a bond or other financial security when handling a ward’s finances. A court may require financial security from a guardian responsible for managing significant financial assets on behalf of a ward to ensure the ward can seek repayment for losses caused by the guardian’s mismanagement or misconduct.
Guardians may also incur personal and out-of-pocket expenses due to their service, such as hiring legal counsel to advise them about their obligations and rights and representing them in court or during legal disputes related to guardianship. Depending on the relationship between the guardian and ward, the ward’s assets, and available public benefits, a guardian may have limited options for reimbursement for their out-of-pocket costs.
Legal Obligations
State law imposes strict legal obligations and requirements on guardians, including imposing fiduciary duties in favor of a ward. Guardians may face liability if they mismanage a ward’s affairs or abuse their authority to benefit themselves at the ward’s expense.
Guardians also have reporting requirements, including the obligation to file regular reports with the court to document their actions, advise the court about the ward’s status, and provide an accounting of the ward’s finances.
Emotional Stress
Serving as a guardian can cause significant emotional and psychological stress, especially when caring for a close family member or friend. Seeing a loved one in a vulnerable state can cause anguish and grief. Guardians may experience anxiety worrying about whether they’ve made appropriate decisions or acted as the ward would have wanted them to act. High-stakes choices, such as healthcare or end-of-life decisions, can also cause considerable anxiety and stress for guardians.
Family Conflicts
Becoming a guardian can also put a person in the middle of family conflicts. Guardians who care for family members can get into conflicts with other family members over their decisions or whether their loved one requires guardianship. Conflicts over guardianship can trigger other old conflicts and emotional wounds between family members. Guardians can also feel isolated from the rest of the family when they perceive themselves as having assumed the entire burden of caring for a disabled or vulnerable family member. When a non-family member accepts an appointment as a guardian, they may face hostility from the ward’s family members, especially when the court appoints an outsider over a family member.
Contact a Guardianship Attorney Today to Learn What to Expect from Becoming a Guardian
Before accepting an appointment as a loved one’s guardian, you should familiarize yourself with how guardianship can affect your life. Contact Bozanian McGregor LLC today for a confidential consultation with a knowledgeable guardianship attorney to help determine whether serving as a loved one’s guardian is right for you.