This is the next article in our series on guardianships over adults with disabilities in the state of Connecticut. Our last post discussed options for paying the costs associated with being a guardian. It is important to understand that the level of control a guardian will have over an individual’s finances, is limited. In many situations it may be necessary to establish a conservatorship. An experienced attorney can assist you with determining the best option for your given situation. In this article we will be discussing the responsibilities which are placed upon a guardian. If you or a loved one are in need of assistance then contact our Hartford guardianship lawyers today.
The extent to which a guardian will have authority over the ward depends on whether the Court grants a limited guardianship or a plenary guardianship. The former will grant more limited authority over the ward while the latter is meant for individuals requiring higher levels of support. Regardless of the level of authority granted, the guardian is considered to be the fiduciary of the ward. This means that the guardian must act with the ward’s best interests in mind and cannot put their own interests first. The Court ensures that these obligations are being met by requiring that the guardian make annual reports in regard to the status of the situation and the welfare of the ward. If the Court is concerned about the wellbeing of the ward, and believes the guardian is not properly serving their interests, then the guardian may be removed.
The foregoing is best explained through an example. Suppose Jill’s twenty-five year old son suffers a head injury which has limited his cognitive functioning. When it comes time for the son to find new housing, Jill has him move into a rental home which she owns and his monthly disability payment is used to pay the rent. Unfortunately, much cheaper options were available and these options would have suited the son’s needs without issue. A Court would likely find that Jill has engaged in self-dealing and is putting her own interests ahead of the ward’s. Under this scenario, the Court may dissolve the guardianship when Jill reports the situation to the Judge. The Court may also take lesser steps, such as requiring Jill to find more suitable housing arrangements. It must be remembered that how the Court will rule in any given situation will always depend on the facts of the case.
The consequences for violating one’s fiduciary duty can extend beyond a mere termination of the guardianship. Depending on the circumstances, an individual may face civil liability or even criminal charges. If you are serving, or wish to serve, as a guardian then having experienced counsel assisting you can be a step towards conducting the ward’s affairs in a way that will be satisfactory with the Court. When retaining an attorney, it is strongly suggested you choose a firm with an emphasis in this area of law.
Our Hartford guardianship attorneys focus heavily on matters which come before the Probate Court and our firm has been serving the greater area for over fifty years. We understand that such matters are deeply personal to families and we will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. We look forward to speaking with you. We also service the Connecticut areas of Wethersfield, New Britain, Bristol, Rocky Hill, West Hartford, East Hartford, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
