Becoming a guardian for a loved one is a significant responsibility, especially during challenging times when they face health issues or diminished capacity. While it may feel overwhelming, understanding fiduciary duties is key to fulfilling this role with care and integrity.
Document Decisions
As a guardian, maintain detailed records of all actions taken on behalf of your ward. Documenting changes in care or living arrangements ensures transparency. Tools like journals, spreadsheets, or apps assist in organizing records, making them readily available for review if needed.
Report Regularly
Guardians typically need to provide regular updates to the court, detailing the ward's well-being and any significant changes. These reports demonstrate that you are acting in the ward’s best interest and reinforce your commitment to this role.
Avoid Conflicts of Interest
A crucial aspect of fiduciary duty is avoiding conflicts of interest. Johann Chau emphasizes identifying situations where your personal interests may diverge from your ward's. Even the appearance of personal benefit can be problematic. Seek legal or professional guidance to navigate these scenarios effectively.
Differentiate Roles
Understand the distinction between a guardian and an executor of a will. Guardians make decisions for someone living, whereas executors handle the will after one's passing. While you can be both for the same individual, remember the responsibilities differ greatly.
Being a guardian is a serious and noble commitment. Johann Chau advises embracing fiduciary duties as a starting point. If you need assistance or support, don't hesitate to reach out. You're not alone on this journey, and resources are available to help you support your loved one with care and dignity.