How to Choose a Legal Guardian: The 5 W’s
Published June 27, 2011 | 
Do you know a family member, friend, or neighbor who no longer has the mental capacity to care for themselves? If you couldn’t care for that individual, how would you go about go about helping them choose a Guardian? Would you even know where to begin?
The following list — the 5 W’s of Choosing a Professional Guardian — was created to help family members, and the community, make well informed decisions when it comes to selecting who will care for their loved one.
When to Pursue a Professional Guardian
- When the individual’s decision making or daily functioning is significantly impaired, often by an illness or medical condition such as a stroke or the advancement of Alzheimer’s disease.
- When it has been determined that family, friends, or other individuals connected to the at-risk person are unable or unwilling to assist.
- When all of the other, less restrictive alternatives have been exhausted.
Why Choose a “Professional”
A Professional can:
- Displace emotional turmoil or blame away from the family.
- Be an independent decision maker for tough or complicated medical decisions and end of life care.
- Connect with a multitude of community resources.
- Has the ability and knowledge to comply with complicated court requirements.
Who to Choose
You’ll want to choose someone with the following characteristics:
- Experienced
- Resourceful
- Active and Community Connected
- Compassionate
- Someone who is able to think “outside of the box”
What to Look For
- Someone who has an extensive knowledge base. A Guardian should be knowledgeable about the following:
- Updated with constant training for Medicaid, Long Term Care changes, Medicare, Elder Law issues, and more.
- 24 Hour Access – has pager or on call system in place.
- Computer / internet savvy.
- Meets all §744 Requirements:
- Government programs and benefits
- Community resources
- Insurance and liability risks
- Property issues
- Pet needs
- Residential living choices
- Cultural and religious needs
- Health care services
- Social activities
- Community programs
- And much more
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- 40 Hour Professional Guardian training course
- Passed the Florida Proficiency Exam
- 16 Hours of Continued Education Training (CEU), ongoing - every 2 years
- Has a $50,000.00 Blanket Bond
- Passes the FBI FDLE Criminal Background Check
- Has a good credit history
- Registered with the Statewide Public Guardianship Office (SPGO)
Where to Find a Professional Guardian
- State Wide Public Guardianship Office (SPGO) as run by the Department of Elder Affairs
- Florida State Guardianship Association (FSGA)
- Elder Law Attorneys
- Senior Resource Center or Referral System
- 211
June 2011 Newsletter
Published June 1, 2011 |
Secrets from a Professional Guardian
Serving as a Professional Guardian for over 20 years, we’ve decided it’s time to share some of our secrets when it comes to caring for the elderly and disabled.
Multiple Birth Dates – Which Date is Which?
It is not unusual to come across conflicting pieces of information for a client, after all, information is often obtained from multiple sources so there’s bound to be a conflict every now and again. But what happens when that conflicting piece of information just happens to be the client’s date of birth?
We once had a woman who had 4 different dates of birth, depending on which document we reviewed. Medicare / Social Security showed her year of birth as 1926; her Driver’s License had 1928; birth records and census documents showed 1921 (which we believed to be her actual year of birth); and her passport listed her year of birth as 1927. With so many different dates of birth for one person, how do you know which one to use?
We used to believe that it was important to correct the date of birth in all government systems, starting with Medicare and Social Security. We quickly learned this was a bad idea, because of all the problems this could cause.
Changing a date of birth in any government system is difficult, but changing a date of birth in a system as large as Medicare / Social Security is not only complicated, but has far reaching consequences, including:
- All benefits could be recalculated – this includes retiree benefits, along with current and future benefits.
- If Medicare / Social Security had paid her too early, or had paid her too much, she could end up in a situation where she would have to repay these funds.
- Furnishing original documents can be problematic depending on the client and their history.
Furnishing original documents was the difficult part for us in this situation, because we didn’t have any of originals for her. To make matters worse, we could not have a conversation with the client about this, because she claimed that she was born in 1928. This was something she was truly stubborn about, because she wanted to be younger than she actually was, and changing her year of birth accomplished this in her mind.
After attempting to change a date of birth this first time, we learned a valuable lesson: do not rock the boat. It is better to setup your systems so that you can access the date of birth on file for the specific entity you are working with at the time (Medicare, DMV, Pension Company, etc.). That way you don’t have to guess as to what your client may have told them, instead you’ll have the information readily available.
Tip of the Month
Speaking with health providers can be problematic. Often they don’t understand your legal relationship to the client, what an Order of Incapacity represents, or that it may not be appropriate to provide health information to family and friends who have a questionable need to know.
Next time you’re in this situation, try using these words: “This patient is the equivalent of a minor. If a 12 year old cannot consent for this treatment, then neither can this patient.”
A statement like this is very effective at getting the point across as it puts the client’s situation in a simple context which health providers can (hopefully) understand.
Did You Know?
Using “registry” caregivers or home health agencies may leave you, and your client, at risk for workman’s comp, payroll taxes, and general liability issues. This is also the case when hiring independent or private caregivers from the community.
If you are ever unsure about you, or your client’s, protections, consult with your attorney.
Do What You’re Great At and Love — Let Us Handle the Rest!
Guardian Care Management & Benefits Services, Inc. provides:
- Professional Guardianship Services
- Private Case Management
- Benefits Consulting & Medicaid Applications
- Full Guardianship Support Services
We can help, call us today!
407.786.6033
Come See Us at the FSGA
24th Annual Conference
July 28 – 30th 2011
Buena Vista Palace
1900 Lake Buena Vista Drive
Lake Buena Vista, FL