LifePlan Portal > Guardianship / Caregiving
Introduction to Guardianship
by David Pharis
Guardianship is a legal mechanism by which the state can act to determine what is in the best interests of an individual, even if the individual disagrees, on the basis of evidence of incapacity or serious property mismanagement. Specifically the role of a guardian is to protect the individual by assuming responsibility for making decisions that the individual is no longer capable of making for him/her self. First and foremost, a guardian’s goal is to enhance or maintain the highest quality of life for the individual within the safest, but at the same time, least restrictive setting possible. Decisions and actions should seek to promote dignity and support the highest level of independence that is practicable.
A probate judge can appoint another person as guardian of person and/or estate of an incapacitated person. Family members or friends often are asked or volunteer to become a person’s guardian. Lawyers, psychologists, social workers, nurses, and other professionals can serve as professional guardians. Many cities and counties have either public or private agencies that provide guardianship services. These agencies are often staffed by an attorney who provides legal and supervisory services, but the guardians are sometimes volunteers. There are many alternatives to guardianship that are less restrictive to the individual’s autonomy. These include Durable Power of Attorney, Representative Payee for Social Security, case/care management, and health care surrogacy, such as Medical Power of Attorney.
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