Is The Guardian Liable To A Third Party For Acts Of The Ward?
The guardian’s liability depends on the action the guardian takes. If a person is named guardian, they don’t become personally liable automatically for any and all actions; there is no default liability. If a guardian is acting on behalf of somebody else to sign contracts, pay bills, or engage in a lease agreement doing that in the clear capacity as guardian by signing the contract with your name as guardian, then the incapacitated person’s name, it’s clear that the guardian is not financially obligating him or herself on anything; it just locks in the incapacitated person’s liability for that contract. This means that the guardian is not liable if the incapacitated person causes a car accident, for example, and the guardian has taken all necessary measures in his or her role to ensure that the ward doesn’t drive. There could be liability, but if the guardian shows that he or she has taken all responsible actions, then the liability may be cut off.
There are instances where guardians can be liable to third parties and that usually relates to a breach of the guardian’s fiduciary duties. There are few common fiduciary duties that a guardian has. They are a fiduciary duty of care, fiduciary duty of loyalty, and a general duty under the guardian statute to seek court approval over certain actions. The fiduciary duty of care gives the guardian the responsibility of making prudent decisions on behalf of the ward, being financially sensible and using advisors, taking all facts into account and managing money and investments prudently and conservatively for the ward’s needs. The duty of loyalty can create liability if the guardian tries to change the beneficiaries of the ward’s assets without a court order or tries to alter the ward’s estate plan. If the guardian re-titles accounts, especially to benefit him or herself as the guardian, that would create a breach in loyalty.
Furthermore, Florida statutes give a list of powers where the guardian must seek a court order prior performing certain actions. There could be potential liability if the guardian fails to get a court order under these circumstances. Most liabilities can be avoided by the simple maxim that if it doesn’t seem right, don’t do it without asking an attorney. When in doubt and if there is a decision not to ask an attorney, the guardian should be very conservative in his or her actions and make sure that all actions are to benefit the ward.
Is A Guardian Legally Obligated To Pay For Services Associated With A Ward’s Care?
A guardian’s principle purpose is to ensure the care of the guardian’s ward with whom the guardian has a legal duty to help. The court and judge are there to ensure that the guardian is using the ward’s money for the ward’s benefit. In the process of Florida guardianship, the guardian has certain reporting requirements regarding how the guardian utilizes the ward’s funds and the medical decisions that the guardian makes. If any of the ward’s family or the judge has an issue with the decisions that the guardian is making then the guardian does have to follow those directives and use the ward’s money for those reasons. Each case is situational to make sure that the ward is not paying for care in one setting when the ward’s care needs to be met at another setting at a smaller dollar value each month. It could be that the guardian is not obligated to place somebody in a care situation that exceeds the person’s needs. The guardian’s use of funds is very situational and ultimately the guardian must usethe funds in the most prudent way that also meets the ward’s care needs.
Who Will Succeed Me As Guardian Of My Child After I Die?
The guardianship of children is predominantly given to the natural parents or the birth parents. If one birth parent passes away, the surviving natural parent will have guardianship over that minor child. If the child has been adopted, then the natural parents’ rights are removed in this scenario and the rights would go to the adoptive parents. After the natural or adoptive parents, the second order of priority, is designated pre-need guardians for minors. Under a parent’s last will and testament, a parent can nominate and name guardians of the person of their children. The guardian of the person of a child is the person that is responsible for making decisions regarding that child’s education, medical care and making sure all personal needs are met for the care and welfare of the child.
It’s very important for someone with minor children to name pre-need guardians in his or her will should pass away because if no one is named as pre-need guardian under the will, then the appointment is up to the battle of the family members. Without a pre-need guardian or without natural or adoptive parents, the guardianship of a minor child is left up in the air for the family members to figure out. It creates a massive problem because in some cases, there are two sets of parents and families who may not have close relations with each other. The mother’s parents or siblings may not know well enough or dislike the father’s parents or siblings. Each side of the family could assert their reasons as to why the child should go to their side of the family. This could cause an extreme amount of pain because the child and his or her care is in the middle of this and having to go through any kind of court related intervention could permanently scar the child’s relationship with the other side’s family.
The importance of naming pre-need guardians under the will is tantamount because both natural parents on both sides of the family can always rationalize reasons for why they should take care of the child versus the other side and take responsibility. The last thing a parent would want is for them to fight it out in court and to put it in front of a judge to make that decision on who should be guardian of the minor children. Without the designation of pre-need guardian designations, it is essentially a custody battle between families who may decide that they are the white knight to save the child from the evil of the other side of the family. The preference is to always name pre-need guardians in the will, especially if one of the child’s parents is not alive or involved.
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