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How can courts prevent exploitation in guardianships?

On Behalf of | Nov 5, 2024 | Guardianships |

Guardianships help protect people who can’t make decisions for themselves. Sadly, sometimes guardians take advantage of those they are supposed to protect. Courts need to take steps to prevent this abuse and keep the rights of those under guardianship safe.

More frequent court reviews

Courts can improve oversight by having more regular reviews of guardianships. Yearly or twice-yearly check-ins give the court a chance to make sure the guardian is doing their job properly. Frequent reviews help create accountability and let the court fix problems quickly.

Require financial reports

Making guardians submit financial reports can help prevent the misuse of money. Guardians should provide detailed records showing how they spend the ward’s money. Judges and auditors can check these reports to make sure guardians aren’t using the money for themselves. Proper financial oversight can reduce the risk of abuse.

Use third-party visits

Visits from social workers or other appointed representatives can also improve oversight. These visits allow another person to observe the relationship between the guardian and the ward and spot any warning signs. Reports from these visitors help the court decide if the ward is getting the right care and if the guardian is acting in the ward’s best interest.

Educate guardians about their responsibilities

Education programs can help stop abuse before it starts. Courts can require guardians to take training courses that explain their duties and ethical responsibilities. When guardians fully understand their roles, they are less likely to abuse their power. Training should cover the rights of the ward, the importance of managing money properly, and the consequences of misconduct.

Encourage community reports

Courts can also encourage family members, neighbors, and others in the community to report any concerns about a guardian. Having a clear and anonymous way to report issues helps people feel safe speaking up, which can help the court step in before serious harm happens.

By taking these actions, courts can better protect vulnerable individuals and make sure guardianships work as they are supposed to. Staying watchful and ensuring accountability are key to building trust and preventing abuse in guardianship situations.