Guardianship

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We are a certified professional guardian agency with two certified professional guardians on staff. We strive for the least restrictive methods of care. We believe in keeping family and friends of the incapacitated person informed of the incapacitated person’s condition and when appropriate, request input from them when decisions need to be made.

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Guardians are appointed as part of a legal process created to protect the rights of the individual while identifying areas of vulnerability that require addressing. Guardianship is appropriate when the individual requires a surrogate to make or implement important decisions. The duties of a guardian can include a wide variety of activities such as crisis intervention, property management, management of income and regular expenses, management of medical care and consent, and ensuring that proper living arrangements are in place. Guardians identify any benefits for which the individual qualifies.

Guardians are required to make an initial report that includes a detailed description of the client’s assets, care needs and the plans of the guardian. Guardians are also required to provide an annual court report of the guardian’s activities.

For additional information on the types of guardianship click here.

Guardianship

The three types of guardianship are:

  • Full guardianship: comprehensive decision-making authority and responsibility over personal and/or legal and financial affairs
  • Limited guardianship: decision-making authority and responsibility over selected needs such as healthcare or property
  • Joint guardianship: more than one individual sharing guardianship authority and responsibility.

A Temporary Guardianship is appointed for a limited time period as described in the Court Order or until the circumstance that required the appointment is cured

Court-appointed guardians are obliged to make decisions based upon what are known to be the client’s competent preferences or else upon the best interests of the client. A guardian of the estate may be given authority to assume control of bank accounts, real property, personal property and other assets. The guardian of the estate typically assumes responsibility for payment of routine bills and managing claims against the client’s assets.

A guardian of the person often has responsibility for ensuring that the client’s medical and personal care needs are met. This can entail a wide variety of assistance depending on the physical condition, cognitive status, and living situation of the client. Guardians cannot require the client to accept medical care and are very limited in their ability to direct or otherwise control the client’s personal behavior.

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