Senior Care
Senior Care This Section
GUARDIANSHIP
For older adults needing intensive and complete
care, guardianship may be the best option.
As opposed to Geriatric Care Management,
where a family contracts with someone to assist
them through the aging process, guardianship
is a legal process. It is a deeply involved process
which is generally the last available option. As
the Florida courts note, “Guardianship is only
warranted when no less restrictive alternative—
such as durable power of attorney, trust,
health care surrogate or proxy, or other form of
pre-need directive—is found by the court to be
appropriate and available.” Generally, when a
person has become incapable of managing his
or her financial or personal affairs, a court appointed
guardian becomes responsible for the
management of a client’s affairs. Because it is
a legal process all guardians are accountable to
the local court, have a rigorous approval process
for many decisions and must provide an annual
written report of actions taken and services
provided. Guardians can be family members
if they complete the guardian training process
and are qualified under the law. It is important
to note and Florida courts state Two types of
guardianship exist :
• Limited:
A limited guardianship is appropriate if the
court finds the family member lacks the capacity
to do some, but not all, of the tasks necessary
to care for his or her person or property; and if
Includes:
• Guardianship
• Geriatric Care Management
• Healthcare Options
the individual does not have pre-planned, written
instructions for all aspects of his or her life.
• Plenary:
In this type of guardianship, a person is appointed
by the court to exercise all legal rights
and powers of the adult.
Guardians can be any of the following:
• A family member or friend
• Any resident of this state who is 18 years
of age or older.
• A nonresident of the state may serve as
guardian of a family member if they are:
• Related by blood;
• A legally adopted child or adoptive parent;
• A spouse, brother, sister, uncle, aunt, niece,
or nephew of the person;
• A Professional Guardian
• Public or Professional Guardians are needed
when a person does not have the ability
to pay for a guardian or there are no family
members who are willing to take care of
the client. Professional guardians undergo
a training process and are appointed by the
court. Florida has 17 professional guardianship
offices.
Guardian services are paid by the client unless
they cannot afford it, in which case the state
supplements payment to the guardian.
The information in the Senior Care
section is designed to tie up some of
the loose ends in arranging care for
your loved one. It is a starting point and
intended to be an overview of some of
the options available to better care for
your loved one.
54 www.PolkElderCare.com