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Can a guardian protect a ward from themselves?

On Behalf of | Apr 22, 2022 | Guardianships & Conservatorships |

If a guardian is chosen for an elderly individual who is incapacitated in some way, there could potentially be conflicts between what the two parties think is the best decision. 

After all, that incapacitation may not mean that the elderly person is physically incapable of attempting to make a decision. It just it could mean that they have some sort of mental issues, such as a degenerative brain disease, that makes it so that their decisions are not always trustworthy. They could become confused or make poor choices that are not in their own best interests.

If this does happen, can the guardian protect the ward from themselves? For instance, if the person expresses a desire to spend all of their life savings in a frivolous manner, can the guardian prevent them from doing so to ensure that the money is used for healthcare costs and other necessary things?

The guardian is in charge of these decisions

Generally speaking, yes, the guardian would be able to make these decisions on the person’s behalf, and that may include telling them not to spend money in an unwise manner. After all, guardians are appointed for those who can’t make decisions for themselves. This often means taking care of things that the person would not have done on their own, such as paying their taxes or ensuring that they actually get the medical care that they need, but it may also mean that they need to make sure the money is not spent in ways that are unnecessary.

This can lead to some complicated situations, especially if the ward decides that they would rather remove the guardian. Those who are in this position need to be well aware of all of their legal options

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