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If you become mentally or physically incapacitated, you want to be sure you can trust the person who ends up handling your affairs. And if you have children, you want to make sure they’re taken care of in the event something happens to you. Appointing a legal guardian in case of accident or illness can bring you peace of mind. Learn more about a guardian’s duties to help you choose the right person for the job.

A Guardian’s Tasks

guardianA guardian’s primary responsibility is to ensure that the person requiring care—known as the ward—has a safe home where they are mentally and physically secure. This first involves deciding where the individual should live and arranging appropriate care. For instance, if a stroke survivor requires 24/7 care, a full-time nursing facility may be the right choice.

Guardians also have financial duties, including investing the ward’s liquid assets, using available funds to pay for cost of living, and filing income tax returns. Additionally, the guardian determines what to do with real estate and personal property. For instance, if the ward is moved to a 24/7 care facility, the guardian must decide whether or not to sell the ward’s home.

Choosing a Guardian

When selecting someone for the role of guardian, you should be able to trust them with all of the above tasks. Most people choose a close family member, although this is not a legal requirement. Living nearby is helpful, allowing for continuous oversight of affairs without long-distance travel.

If you have minor children, you may also designate a guardian responsible for their care. Guardianship usually applies only until the minor reaches age 18 or 21. For parents, this last detail of guardianship allows them to rest easy, knowing both they and their kids will be cared for.

 

The legal documentation to appoint a guardian is best completed by a capable attorney, which is why those in Honolulu, HI, look to Ng & Niebling. These legal professionals have assisted families on Oahu with estate planning for more than 40 years. Call (808) 732-7788 or visit them online to schedule a free initial consultation.

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