A guardian can be either an individual or an institution such as, a bank trust department. A guardian is appointed by the courts when an individual has been adjudicated as incapacitated or lacking the capacity to care for self and/or estate matters.
Types of Guardianships
The two most common types of guardianship are limited and plenary.
· In a limited guardianship, the guardian assumes only the delegable rights specifically given by a court order. The ward keeps all other decision-making rights not specifically outlined by the court.
· In a plenary guardianship, the guardian’s delegable rights can be applied to the person, their estate, or both.
Guardianship of the Person
Guardianship of the person may include:
· Determining and monitoring place of the ward’s residence
· Consenting to and monitoring medical treatment and non-medical services such as education or counseling
· Releasing confidential information
· Making end-of-life decisions
· Maximizing independence for the ward
Guardianship of the Estate or Property
Guardianship of the estate or property may include anything that is the subject of ownership whether tangible or intangible. The court may order the guardian to take control of and be responsible for the following:
· Acting as representative payee
· Determining benefits
· Obtaining appraisals of property
· Protecting property and assets from loss
· Receiving income for the estate
· Making appropriate disbursements
Alternatives to Guardianship
Because establishing a guardianship is highly intrusive and involves the removal of rights from an individual, it should be considered only after other alternatives have been examined. When an individual still retains the capacity to act on his/her own behalf, the following may be evaluated and determined as viable alternatives to guardianship:
· Case/Care Management
· Health Care Surrogacy
· Living Trusts
· Durable Powers of Attorney
· Living Wills
· Joint Tenancy
· Community Services ◙
Source:
Broward County Guardianship Association www.guardiansofsfla.org
