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What are my responsibilities as a guardian for my niece and nephew?

What are my responsibilities as a guardian for my niece and nephew?

Full question:

I have been the guardian for my niece and my nephew since Jun 07 when their mother was killed in a motorcycle accident. I am looking for specific information on my responsibilities/duties as I am working now with my lawyers to file my first accounting. I have taken on a huge role and it has affected my family (I have two young children also) but I am being scrutinized about how much I spend on bday parties and other things. Plus I am not taking any from the kids to perform this role. Any help would be appreciated. Thanks

Category: Guardianship
Date: 04/07/2025
State: New Jersey

Answer:

As a guardian, you have two main duties: the duty of loyalty and the duty of care. The duty of loyalty means you must act solely in the best interest of your wards (your niece and nephew) and avoid any conflicts of interest. The duty of care requires you to perform your responsibilities competently and thoroughly, following industry standards.

If you fail to meet these duties, you could face a breach of fiduciary duty claim. To establish such a claim, three elements must be present: (1) a relationship of trust where you assume a duty to protect your wards; (2) a breach of that duty; and (3) damages suffered by your wards.

In New Jersey, specific statutes outline your powers and responsibilities as a guardian:

N.J.S. 3B:12-51: You have the same powers and responsibilities as a parent, except you're not required to use your own funds for their support.
N.J.S. 3B:12-52: You must take reasonable care of their personal effects and can receive money for their support, which should be used for their care and education.
N.J.S. 3B:12-42: You must report to the court about the condition of your wards and their estate.

Additionally, you can seek reimbursement for reasonable expenses incurred while caring for them, provided these are agreed upon and reasonable (N.J.S. 3B:12-41).

It's important to document all expenditures and decisions made on behalf of your wards, especially when facing scrutiny. If you have questions about specific expenditures or need legal advice, consult your attorney for guidance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the responsibility of a parent or guardian?

A parent or guardian is responsible for the care, welfare, and upbringing of a child. This includes providing food, shelter, education, and emotional support. They must act in the child's best interests, making decisions that promote their health and well-being. Additionally, guardians have a duty to protect the child's rights and manage their financial affairs responsibly. In legal terms, they must adhere to the duty of loyalty and duty of care, ensuring that their actions benefit the child without conflicts of interest.

What are the responsibilities of a parent guardian?

A parent guardian has several key responsibilities, including providing for the child's physical and emotional needs, ensuring their education, and making healthcare decisions. They must act in the best interest of the child, manage any financial resources responsibly, and keep the court informed about the child's status and welfare. Guardians must also protect the child's personal effects and can seek reimbursement for reasonable expenses incurred while caring for them.

Is my aunt a legal guardian?

An aunt can be a legal guardian if she has been appointed by a court to take on that role. Legal guardianship is established through a legal process where the court determines that the aunt is suitable to care for the child. This appointment grants her the same responsibilities and powers as a parent, ensuring the child's best interests are prioritized. If you are unsure about your aunt's status, it may be helpful to consult legal documents or seek advice from an attorney.

What are the 5 responsibilities of a parent?

The five primary responsibilities of a parent include: 1) Providing basic needs such as food, shelter, and clothing; 2) Ensuring access to education; 3) Offering emotional support and guidance; 4) Making healthcare decisions; and 5) Protecting the child's rights and welfare. Parents must act in the best interests of their children and create a safe and nurturing environment for their development.

What powers and responsibilities does the guardian have?

A guardian has the power to make decisions regarding the child's education, healthcare, and general welfare. They are responsible for providing for the child's needs, managing their finances, and ensuring their safety. Guardians must act in the best interest of the child, adhering to the duty of loyalty and duty of care. They are also required to report to the court about the child's condition and can seek reimbursement for reasonable expenses incurred while fulfilling their duties.

What is the role of a guardian?

The role of a guardian is to care for and protect a minor or incapacitated person. Guardians make decisions regarding the individual's education, healthcare, and daily living needs. They are tasked with managing financial resources responsibly and ensuring the well-being of their wards. Guardians must act in the best interest of those they care for, adhering to legal obligations and maintaining transparent communication with the court about the ward's status.

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