Legal Guardianship
There are legal documents that allow you to appoint another person to make financial and health care decisions and this is done through documents such as Power of Attorney, Durable Power of Attorney, and Health Care Power of Attorney. All these documents can be executed while you have the capacity to make those decisions.
There are cases where it is determined by a medical team that an individual does not have the capacity to make decisions with regard to one’s health, welfare and finances. The term used when the courts appoint and supervise someone to be responsible for an incapacitated individual’s health and welfare is Guardian of Person. This court appointed individual will make decisions relating to the personal, non-financial affairs of the incapacitated individual. In many states, the term Conservator or Guardian of Estate is someone appointed by the courts to make decisions relating to the property and finances of the incapacitated individual.
According to the National Guardianship Association, There are three major categories of people who often come under the authority of guardianship. THOSE INDIVIDUALS WHO; Lack decision-making capacity due to dementia, Live with intellectual or acquired disability, OR Live with severe mental illness.
At Senior Matters, Mary Katherine Bagnal holds a certification of guardian/conservator through the Center for Guardianship Certification (CGC) and has been a Registered Guardian through the National Guardianship Association for the past 6 years in good standing.
Guardianship is initiated only as a last resort for those individuals who need assistance, but have no close relatives or friends who are able to perform the role. The primary purpose of the guardian is to protect the income and assets of the ward from waste and undue influence.
Senior Matters takes this responsibility very seriously. Our Legal Registered Guardians are bonded and of the highest moral character. When making decisions, the needs of the client are always primary.
