Guardianship

Article submitted by Jenni Frumer, MSEd, LMHC, LCSW, PG, Associate Executive Director, Alpert Jewish Family & Children's Service.
For more information, she can be reached at 561-684-1991 or by e-mail: jfrumer@jfcspb.org.

The "last resort" to ensure safety of the most vulnerable older adults
When Mr. McMillen* came to the attention of Adult Protective Services (APS), it was determined that he was at risk. Mr. McMillen lived alone in a senior community, had never been married and his only relatives; a niece and nephew lived out of state. The APS state investigator, who had been called by a neighbor because of an odor from his condo found his home in disrepair and disarray. Mr. McMillen, Sam to his neighbors, described him as increasingly confused. They reported that they were concerned about him and, although they had attempted to help by getting groceries, paying his bills and driving him to the doctors, he always refused their assistance and avoided the neighbors. Mr. McMillen became a "ward" of a professional Guardian because he was deemed by the court to be "incapacitated."

Another ward, Mrs. Pearson*, became a ward of the program when Sally, her adult daughter who lived in Pennsylvania, was no longer able to oversee and provide the care Mrs. Pearson needs, locally. Sally had called, requesting that the agency become successor guardian.

Qualified guardians are appointed by the court and are a legally responsible adults or an agency that is required to be accountable for either the ward's person, property or both. Through legal counsel, the Guardian develops a plan of care, marshals assets and monitors all aspects of the ward, depending on the type of Guardian that is established. The Guardian acts in the ward's best interests or uses substituted judgment in providing care to the ward. There are different types of Guardians, determined at the discretion of the court or by a testamentary document. Professional Guardians are required to take an exam and become registered in Florida.

Guardians have multiple roles which may include: coordination of annual medical status reports, arrangement of medical evaluations and treatment, arranging facility placements, consultation with service providers, advocacy on behalf of the ward, communication with family members or other interested parties, home health and nursing agency referrals as needed, application and monitoring of benefits, processing bills and financial institutions statements, analysis of health insurance coverage and developing and managing a budget, approved by the court.

In order to prevent a Guardianship, where an individual's "rights" are removed, family members are encouraged to discuss the future and take certain steps that will ensure that you or a loved one avoid the most restrictive way of providing care to an incapacitated person. Alternatives to Guardianship might be establishing legal vehicles and other documents that may best suit the needs of persons with disabilities or those who may become incapacitated during the aging process. Such documents may include: a Living Will, a Health Care Surrogate, a Power of Attorney, a Client Advocate, establishing Co-signer of Bank Accounts, and creating a Representative Payee. Legal documents may include a Will, Trust or a Special Needs Trust.

*Names have been changed to protect confidentiality