Guardians play a key role in the stability of their minors. Therefore, when an individual gains guardianship powers over someone else, they have a duty under the law to act in a specific way. This obligation includes ensuring that their minors have everything they need and reporting any information to the court regarding their care.
If you have recently learned that a friend or relative may need a legal custodian, it is essential to understand the duties of a guardian in Orange County. Knowing this information could help you decide whether this is a role you wish to take on and whether you may be able to provide the help another person needs. Reach out to a capable guardianship and conservatorship lawyer to learn more.
What are the Legal Responsibilities of Custodians?
Generally, guardians must care for the needs of their minors. According to Court Form GC-248, any individual or corporation that receives guardianship powers over another must carry out their duties with diligence and good faith. Therefore, custodians must become personally acquainted with the minor and those close to them. Guardians must also be aware of the minor’s needs and responsibilities.
Furthermore, a guardian must allow the minor to participate in the decision-making process as much as possible by assisting them in gaining the skills and experience so that they no longer require the help of a supervisor in the future. A lawyer in Orange County could help potential guardians understand what is required of them under the law and recommend steps to help them remain in the court’s good graces.
What Happens if a Guardian Fails in Their Duties?
All guardians in Orange County are subject to judicial oversight. The rules cited above provide that the guardians are, at all times, subject to the control and discretion of the court. Therefore, the court that initially granted the guardianship powers may review that appointment and take steps to revoke those powers if it believes a guardian has failed in their duty to protect the minor.
A failure on the part of a guardian to carry out their role could have disastrous consequences. For example, the court may act to remove a guardian from that role. However, if a guardian did not make their best effort to protect the minor, and this failure caused a loss or injury, the custodian may be personally liable for all resulting damage. An attorney could help guardians defend themselves against these allegations or investigate whether a party has acted appropriately on behalf of minors or concerned family members.
Call an Experienced Attorney in Orange County to Learn More About the Duties of a Guardian
There is one vital concept to remember when examining relationships between a custodian and their minor. The guardian must always act with only the minor’s interests in mind. This requires them to act with reasonableness and prudence when handling the minor’s day-to-day needs, finances, and legal rights.
To ensure compliance, state law authorizes courts to evaluate the actions of guardians, including the submission of guardianship plans. In addition, courts can act to remove guardians who abuse their powers. If you want to become a custodian, a seasoned attorney could provide more information about your duties as a guardian in Orange County. Contact legal team member today to learn more.