What are the Obligations and Responsibilities of Being a Guardian?
A guardian is a person who is responsible for protecting the rights of the individual under guardianship and carrying out transactions related to them. Guardianship requires important responsibilities both morally and legally. Here are the obligations and responsibilities of being a guardian:
1. Protecting the Rights of the Individual Under Guardianship
Explanation: The guardian is responsible for protecting the rights of the individual under guardianship. This includes the individual’s assets, health status and general well-being.
Example: The guardian must take the necessary precautions to protect the property of the individual under guardianship and prevent harm.
2. Managing Financial Transactions
Example: The guardian is responsible for managing the financial situation of the individual under guardianship and making necessary expenses.
Example: If the individual under guardianship has income, the guardian must manage these incomes regularly and spend them according to their needs.
3. Monitoring Health and Treatment Processes
Explanation: The guardian must monitor the health status of the individual under guardianship and ensure that he/she receives medical attention when necessary.
Example: A guardian must ensure that an individual with mental health problems receives regular psychiatric check-ups and monitors the treatment process.
4. Conducting Legal Proceedings
Explanation: The guardian must take the necessary actions to protect the legal rights of the individual under guardianship.
Example: The guardian must participate in the court cases of the individual under guardianship and defend his/her interests.
5. Reporting and Accountability Obligation
Example: The guardian must prepare regular reports regarding the financial status of the individual under guardianship and submit them to the court.
Example: The guardian must submit an annual financial report to the court and explain any changes in the individual’s assets.
6. Meeting the Needs of the Individual Under Guardianship
Example: The guardian is responsible for meeting the physical, emotional and social needs of the individual under guardianship.
Example: A guardian should encourage the ward’s participation in social activities and consider their psychological needs.
7. Providing Educational and Developmental Opportunities
Explanation: The guardian is also responsible for ensuring that the ward has access to educational and developmental opportunities.
Example: The guardian should invest in the education of a young person to increase their future opportunities.
8. Obtaining the Approval of the Parties
Example: The guardian must obtain court approval when making certain important decisions.
Example: If the guardian wants to sell a significant asset of the ward, he/she must obtain court permission before doing so.
9. Keeping Communication and Communication Channels Open
Example: The guardian must establish open communication with the ward and understand their needs.
Example: The guardian should listen to the ward’s views and shape his/her decisions according to his/her wishes.
10. Acting with a Sense of Responsibility
Explanation: The guardian must always act with a sense of responsibility, prioritizing the interests of the individual under guardianship.
Example: The guardian must make decisions considering the well-being of the individual under guardianship rather than their own personal interests.
The obligations and responsibilities of being a guardian are critical in terms of protecting the rights of the individual and meeting their needs. The guardian’s fulfillment of these responsibilities directly affects the quality of life of the individual under guardianship. Therefore, it is of great importance that those who will be appointed as guardians act by accepting these obligations. It should not be forgotten that guardianship is not a responsibility and obligation, but also a mechanism of rights and protection.
