Law Offices of Frye & Vazquez, P.L.
Call Today. 305-508-5749 | 877-421-5473

What does a guardian do?

In our last post, we examined a little more closely the role of a trustee, or the person assigned power and control over a trust. However, there are other people who can be assigned decision-making roles that impact a person's financial wishes. For instance, a guardian may be appointed in situations where a person -- referred to as the ward -- is incapacitated and cannot make decisions on his or her own.

Like a trustee, the guardian is expected to act on behalf of a ward and make decisions that are in his or her best interests. However, guardians also do many other things.

As stated by Florida guardianship laws, a guardian is granted many different powers to allow the person to do his or her job effectively. A guardian can:

  • Invest a ward's property
  • Take possession of profits from a ward's property
  • Make personal decisions on behalf of the ward
  • Make financial decisions on behalf of the ward
  • Make medical decisions on behalf of the ward

However, a guardian will also be tasked with several obligations or duties as well. These responsibilities include:

  • Regularly visiting with the ward to monitor his or her welfare
  • Paying bills, like rent and utilities
  • Keeping an accurate and thorough accounting of a ward's property
  • Managing guardianship property in a reasonable and responsible manner
  • Acting in the best interests of the ward

As you should see, guardians are given considerable control and power over a ward's financial and physical well-being. That is why the role also comes with considerable responsibilities. Failure to comply with these responsibilities in a suitable manner can lead to severe legal penalties.

If you are looking to have a guardian appointed or if you have been appointed as a guardian, it will be crucial to understand what the role entails and what is specifically expected of the person in that role. For more information on guardianships in Florida, consult an experienced attorney.

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying

  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
Read More...
  • NYSBA
  • Massachusetts Bar Association
  • The Florida Bar 1950
  • CFP
  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
Email Us For a Response

Contact Us For Personal Attention To Your Legal Matter

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Get In Touch With Us
20900 W. Dixie Highway
Aventura, FL 33180

Toll Free: 877-421-5473
Phone: 305-508-5749
Map & Directions