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What does a Professional Guardian do?
A Professional Guardian is a court-appointed individual or organization responsible for the well-being of someone who is legally, mentally, or physically incapable of personal care. The duties of the guardian include:
- Advocacy & Decision-Making: Ensures the protected person retains their legal and civil rights while making decisions about healthcare, finances, and living arrangements.
- Monitoring & Protection: Oversees services to prevent abuse, neglect, exploitation, or fraud.
- Financial Management: Handles assets, pays bills, and covers medical expenses.
- Regular Check-ins: Conducts in-person visits periodically to assess the individual's needs and well-being.
What are the Responsibilities of a Professional Guardian?
A Professional Guardian has several key responsibilities, which may vary depending on the type of guardianship. Generally, the responsibilities of the guardian include:
- Determining & Monitoring Residence: Ensures the ward lives in a safe and appropriate environment.
- Medical & Healthcare Decisions: Consents to and oversees medical treatments, including end-of-life care.
- Education & Counseling: Approves and monitors non-medical services such as schooling and therapy.
- Financial Management: Handles assets, pays bills, and acts as a representative payee if necessary.
- Legal & Confidential Matters: Manages legal affairs and authorizes the release of confidential information.
- Maximizing Independence: Encourages the ward to retain as much autonomy as possible while ensuring their well-being.
- Court Reporting: Provides regular updates to the court about the guardianship.
What is the Process of Obtaining Guardianship?
The process of obtaining guardianship generally involves these key steps:
- Determine Eligibility: The petitioner must prove by medical testimony that the individual (the "ward") is incapacitated and unable to make decisions independently.
- File a Petition: A formal request is submitted to the court, including medical evaluations and evidence of incapacity
- Notify Interested Parties: Family members and other relevant individuals must be informed of the guardianship petition.
- Court Hearing: A judge reviews the case, hears testimony, and determines whether guardianship is necessary.
- Background Check & Home Study: The proposed guardian may undergo a background check and an assessment of their ability to care for the ward.
- Receive Guardianship Order: If approved, the court issues a legal order granting guardianship.
What are the Types of Guardianship?
There are several types of guardianship, each designed to meet different needs:
- Guardianship of the Person: The guardian makes decisions about the individual's healthcare, living arrangements, and personal well-being.
- Guardianship of the Property: The guardian manages the individual's financial affairs, including assets, income, and expenses.
- Limited Guardianship: The guardian has authority over specific aspects of the individual's life while allowing them to retain some decision-making power.
- Plenary (Full) Guardianship: The guardian has complete control over both the person and the property of the ward due to the ward's total incapacity.
- Temporary Guardianship: Granted for a short period of time, often in emergency situations, until a permanent arrangement is made.
- Emergency Guardianship: Appointed quickly when an individual is in immediate danger or unable to make urgent decisions.
- Guardianship of a Minor: A guardian is responsible for a child’s care when parents are unable to do so.
Each type serves a unique purpose depending on the individual's circumstances.
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How does a Professional Guardian differ from a Power of Attorney?
A Professional Guardian and a Power of Attorney (POA) serve distinct roles in managing an individual's affairs:
- Authority & Appointment: A POA is a voluntary legal document where an individual (the principal) appoints someone (the agent) to act on their behalf in financial or healthcare matters. A guardian, on the other hand, is court-appointed when an individual is deemed incapacitated and unable to make decisions independently.
- Decision-Making Scope: A POA can be limited or broad, depending on the principal’s wishes. It remains valid only while the principal is mentally competent. A guardian may be granted full authority over personal, financial and medical decisions, often overriding any existing POA.
- Revocability: A POA can be revoked at any time by the principal, as long as they are mentally capable. A guardian’s authority remains in place until the court decides otherwise.
Essentially, a POA is proactive, allowing someone to choose their representative, while guardianship is reactive, stepping in when an individual can no longer make decisions for themselves.
Would you like to explore the process of obtaining guardianship?