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After the court has appointed you as a person’s guardian, you need to know what powers or authority you have to exercise your duties. New Jersey state law and the courts grant and limit guardians’ authority based on the needs and capabilities of the ward subject to guardianship.
Legal Authority of a Guardian
A guardian’s power derives from the court. Unlike a power of attorney, where a person establishes a private agreement with another individual to empower them to act on behalf of the person, only the court can establish a guardianship.
The scope of a guardian’s authority depends on the type of guardianship established by the court. Courts may establish guardianships of the person, which enable a guardian to manage a person’s personal and medical affairs, or guardianships of the estate, which authorize guardians to manage people’s financial and legal affairs.
Courts can establish limited guardianships that appoint guardians to handle specific matters for an individual when the court finds that the individual retains the capacity to handle other matters. Alternatively, when an individual cannot manage their affairs, the court may appoint a plenary guardian with full authority over the individual’s affairs.
Some of the aspects that guardians manage on behalf of incapacitated individuals include:
Personal Care and Well-Being
A guardian’s authority can include the ability to make personal decisions on behalf of an individual, including where the individual lives (e.g., at home, in a community residence, in a skilled nursing facility, etc.) and what educational or social services the individual receives. Guardians must protect an individual’s well-being by ensuring that they have food and shelter, live in a clean environment, and have their personal needs and hygiene looked after.
Financial Matters
A guardian of the estate typically has the authority to manage an individual’s financial affairs. This authority may include the right to receive income on behalf of the individual (such as disability, Social Security, retirement, or welfare benefits) and to purchase and sell property on the individual’s behalf. However, a guardian also must ensure the payment of an individual’s taxes and expenses, including rent or mortgage, utilities, food, health insurance, and healthcare expenses. Guardians who manage financial affairs must file regular accountings with the court to document the financial transaction the guardian took on behalf of the individual.
Legal Matters
Guardians may also have the authority to handle legal matters on behalf of individuals, including entering contracts and pursuing legal claims (such as personal injury or professional malpractice claims). A guardian can work with an individual’s legal counsel; however, the legal counsel has a duty solely to the individual, not the guardian.
Medical Care
Guardians frequently receive the authority to make medical decisions on behalf of an individual. This authority includes the right to select treating providers, determine which medical treatments and procedures the individual receives, and make end-of-life care decisions (such as withdrawing life-sustaining treatment or entering hospice care).
Limitations on Guardians’ Powers
The law and the court’s orders can impose various limits on a guardian’s authority. First, state law imposes fiduciary duties upon guardians, which require them to act in an individual’s best interests. Guardians must exercise their powers prudently and avoid benefitting from guardianship to the ward’s detriment.
Courts can include various restrictions in guardianship, such as requiring a guardian to seek the court’s approval for major decisions like selling real estate or high-value property, obtaining invasive medical treatment, or making end-of-life decisions. When courts find that an individual retains the capacity to handle specific matters, they may restrict the guardian from making decisions in those matters.
Contact a Guardianship Attorney Today to Learn More About Your Rights and Obligations
When the court appoints you to serve as the guardian of a loved one, understanding the scope of your authority can help you fulfill your duties and protect your loved one’s rights and interests. Contact Bozanian McGregor LLC today for an initial consultation with a guardianship attorney to learn more about guardians’ powers.