What happens if a guardian fails to fulfill their obligations?

If a guardian fails to fulfill their obligations in North Carolina, there can be legal consequences. First, the guardian must ensure that they are upholding their duty to act in the best interest of the ward at all times. Not fulfilling this obligation is a breach of fiduciary duty and can lead to civil liability and even criminal charges. The court can also remove the guardian from their position, requiring them to return all assets that were under their control. Furthermore, the guardian can be held liable for any damages the ward may have suffered due to the guardian’s breach of fiduciary duty. The court can also take other actions to hold the guardian accountable for not fulfilling their obligations. The court may require the guardian to provide a bond or other security to guarantee that the ward’s interests are taken into account. The court can also order the guardian to perform specific actions, such as accounting for the ward’s assets. The court also has the power to order the guardian to pay fines, restitution, and reparations, depending on the severity of the breach. These fines are usually intended to compensate the ward for any money or resources that may have been lost due to the guardian’s negligence or misconduct. In more extreme cases, the guardian can even face criminal charges for their failure to fulfill their responsibilities.

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