Indiana Law Blog
Introduction
Being appointed as a guardian is both an honor and a serious responsibility with real-world consequences. Whether you’re caring for an elderly parent, a child, or an adult with disabilities, the court expects you to act in the best interests of your ward. For many new guardians, the learning curve can feel overwhelming.
Here are the five most common mistakes guardians make — and how you can avoid them.
1. Failing to Keep Good Records
Guardians must manage money and decisions carefully. Courts often require annual or biennial reports on both the ward’s care and finances. Without accurate records, you may struggle to prove how funds were used.
How to avoid this:
- Keep receipts and bank statements in one place.
- Maintain a simple ledger of income and expenses.
- Record important decisions in a notebook or digital file.
2. Mixing Personal and Ward Finances
It might feel easier to use your personal account for expenses, but courts view this as a red flag. Even if no harm was intended, it may look like mismanagement or misuse of funds.
How to avoid this:
- Open a separate bank account for your ward’s finances.
- Use that account exclusively for their expenses and deposits.
- Keep your money and theirs completely separate.
3. Forgetting Court Oversight
Many new guardians don’t realize that the court remains involved even after appointment. Certain actions — such as moving the ward to a new residence, selling property, or making large financial decisions — often require prior court approval.
How to avoid this:
- Review your letters of guardianship carefully.
- Ask the court or your attorney before making major changes.
- Submit reports on time to maintain compliance.
4. Ignoring the Ward’s Voice
Guardianship gives authority, but it does not erase the ward’s dignity or preferences. Courts expect guardians to respect the ward’s wishes whenever possible, balancing independence with protection.
How to avoid this:
- Involve your ward in decisions to the extent they are able.
- Ask about their preferences regarding housing, daily activities, and medical care.
- Document when and how you considered their input.
5. Trying to Do Everything Alone
Being a guardian can be isolating. Many guardians burn out because they don’t seek help or support. Remember, you don’t have to navigate everything by yourself.
How to avoid this:
- Connect with community resources such as social services, nonprofits, or caregiver support groups.
- Lean on family and friends when possible.
- Consult professionals (lawyers, financial advisors, healthcare providers) when you need guidance.
Conclusion
Guardianship can feel overwhelming at first, but avoiding these common mistakes helps ensure you stay compliant with the court while providing the best possible care for your loved one. Careful recordkeeping, clear separation of finances, respect for court oversight, honoring your ward’s voice, and seeking support when needed will put you on the right track.
If you have been appointed as a guardian and have questions about your responsibilities, the attorneys at Harshman Ponist Smith & Rayl, LLC can provide guidance and resources to help you succeed in your role.