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What are the Responsibilities of a Guardian?

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.