Financial duties of guardians for special needs individuals

On Behalf of | Aug 5, 2024 | Special Needs Law |

Guardianship involves taking legal responsibility for the care and management of another person. Guardians for special needs individuals have especially important financial management responsibilities. It’s essential for guardians to understand these responsibilities to ensure the well-being of the person under their care.

Understanding the role of a guardian

Courts appoint guardians to make decisions on behalf of a special needs individual, also known as a ward. One of the most critical aspects of guardianship is managing the ward’s finances. This is a major responsibility because it directly impacts the ward’s quality of life.

Managing income and benefits

Guardians must manage the ward’s income and benefits. This includes ensuring that the ward receives any necessary Social Security benefits. This includes Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). Additionally, the guardian must manage other sources of income. This income can include pensions, annuities, or employment earnings. Maintaining eligibility for public assistance programs like Medicaid is also essential.

Budgeting and expenses

Creating and maintaining a budget is essential for managing the ward’s finances effectively. This involves listing all income and expenses to ensure that they meet the ward’s needs. Guardians must ensure timely payment of bills, including mortgage, utilities, and medical expenses. This involves keeping accurate records of all expenditures to maintain transparency and accountability.

Managing assets

Guardians are responsible for managing the ward’s assets. This includes managing bank accounts in the ward’s name to handle their finances. Additionally, guardians must oversee any real estate or personal property owned by the ward.

Filing taxes

A guardian must also file the ward’s taxes accurately and on time. This includes filing federal and state income tax returns on behalf of the ward and paying any property taxes promptly. Taking advantage of any tax deductions or credits available to the ward is also part of the guardian’s responsibilities.

Reporting to the court

Furthermore, guardians must provide regular reports to the court on the ward’s financial status. This includes submitting an annual accounting of the ward’s income, expenses, and assets to the court. Guardians should provide an initial inventory of the ward’s assets. They should also give periodic updates as required by the court. Ensuring all reports are accurate, thorough, and submitted on time is essential.

Ensuring financial stability and well-being

Special-needs guardianship requires diligence and responsibility. Guardians play a crucial role in ensuring a ward’s financial stability. This commitment not only provides for their immediate needs but also secures a better future. This allows them to live with dignity and security. Embracing this role with care helps guardians support their wards in leading fulfilling lives.

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