Legal Services

  • Robert Goodman, MSW
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What are Advanced Directives?
What are Advanced Directives? 150 150 Robert Goodman, MSW

Examples of Advanced Directives are:
 
Verbal instructions Decisions regarding care that are communicated verbally to health care providers or family members.
Organ donation Removal of healthy tissues from the person who has died for transplantation into a recipient in need. Becoming an organ donor is as simple as completing an organ donation card and carrying it in your wallet. Register online at www.flhsmv.gov/HTML/organ_donor.html
Living Will A legal document that spells out the types of medical treatments and life-sustaining measures you do and do not want, such as mechanical breathing (respiration and ventilation), tube feeding, or resuscitation.
Healthcare Surrogate (aka Medical Power of Attorney) A legal document that allows you to appoint someone else (proxy) to make medical/health care decisions in the event you become unable to make or communicate such decisions.
DNR (Do Not Resuscitate) Order. This states that CPR is not to be performed if breathing stops or heart stops beating. The order is written by the person’s doctor after discussing the issue with the person, the proxy, or family.
 
Who Should Get Copies of Documents?
Provide copies of all documents listed here to family members/healthcare surrogate and health care providers. Carry a copy in your wallet, glove compartment of car, and/or other safe location. For a planned admission to a hospital, bring copies for the hospital to include in the medical chart.
 
Making Changes
These decisions can be changed at any time. Remember to inform healthcare providers, proxies, and family members about the changes made and distribute new copies of instructions to everyone involved.

  • Robert Goodman, MSW
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What is Guardianship?
What is Guardianship? 150 150 Robert Goodman, MSW

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

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