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How to Choose a Legal Guardian: The 5 W’s

 
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:
  •  
    - 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
     

  • 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:
    - 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