People experiencing cognitive decline, dealing with dementia, diagnosed with serious brain injuries or struggling to manage significant mental health challenges may not be able to handle their own affairs.
While it is often a last option after exhausting other alternatives, the courts in Maryland can appoint a guardian to oversee the finances, medical care and daily life of an incapacitated adult. What responsibility does a guardian have to the alleged disabled people or wards in their care?
Guardians have a fiduciary duty
Guardians hold many of the same forms of authority as parents maintain over children. They have the right to make decisions about day-to-day life and healthcare. They manage resources and financial obligations on behalf of the allegedly disabled person in their care.
That degree of authority is easy for people to misuse. Therefore, the state imposes the highest standard of duty on the guardian. Guardians have a fiduciary duty to the person in need of support.
They must consistently put the best interests of the alleged disabled person ahead of their own wishes when making decisions about their life and finances. The failure to uphold that duty can result in the courts transferring authority to someone else or holding a guardian responsible for the practical consequences of their failure.
Understanding the obligations imposed on guardians is important for not only those seeking guardianship authority but also those concerned about the well-being of a loved one who is subject to a guardianship. Conversations with legal professionals can help people understand adult guardianship, protect their authority or take action when a guardian does not fulfill their obligations.
