What are the Responsibilities of a Guardian?

To find out their responsibilities, the guardian should read the Guardianship Order.

New York Guardianships are narrowly tailored to fit each incapacitated person’s unique situation. For that reason, every New York guardian’s duties vary on a case to case basis. In most instances, a list of the guardian’s duties can be easily found in the Guardianship Order. Here is a typical list:

1. Making sure the incapacitated person is safe;
2. Managing the finances of the incapacitated person, including paying bills, collecting assets, making investments, and exercising any financial rights that the incapacitated person would be able to;
3. Making healthcare decisions for the incapacitated person;
4. Determining where the incapacitated person should live and whether nursing home placement is appropriate;
5. Providing the incapacitated person with proper medical care and daily living upkeep, such as cleaning the residence, getting adequate home care, grooming, dressing, bathing, and so forth;
6. Petitioning the Family Court for orders of protection if physical abuse is an issue;
7. The guardian may also be given the authority to make gifts to reduce estate taxes;
8. The guardian may be in charge of taking steps necessary to obtain Medicaid for the incapacitated person;
9. The guardian must file annual reports regarding income and disbursements for the incapacitated person;
10. Visit the incapacitated person at least 4 times a year;

This list is by no means exhaustive. We strongly urge you to consult your guardianship order for specific duties, and contact a guardianship attorney if you have any doubts or questions.

An experienced estate attorney can help you get appointed as a Guardian in New York City and can assist you with issues that arise in the Guardianship. If you have a question about New York Guardianship, call the Law Offices of Albert Goodwin at (212) 233-1233.