According to Mental Hygiene Law, an older person needs a guardian to take care of their assets as well as their wellness. Guardians are always close relatives or friends. The duties of a guardian vary with different cases.
Also, guardianship can end after some time due to one of the following reasons;
- They no longer need a guardian: Once the person is fully recovered and can make important decisions on their own, they will no longer need the services of a guardian hence prompting the court to terminate the guardianship.
- The guardian resigns: Sometimes, the guardian may choose to leave for different reasons, and the court will have no option but to terminate the guardianship.
- The guardian becomes incapacitated: If the guardian is no longer able to perform the duties required of them, the court will need to appoint a different person to take over guardianship roles.
- Misconduct: A report by GAO states that some guardians expose older adults to abuse, such as financial exploitation and neglect. If a guardian is involved in such as misconduct or consistently makes wrong decisions, the court may need to appoint a different person.
- Death: If the incapacitated older adult dies, this will automatically end guardianship after the guardian fulfills specific roles stated by the court.
Guardianship has its benefits and drawbacks, depending on how the elderly takes it. On the negative side, the guardianship may deny the elderly freedom to make critical decisions.
On the other hand, the older person may get relieved from the stress of making important decisions, especially when deciding on matters regarding finances.