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.
 

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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.
 

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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.
 

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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.
 

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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

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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