What You Need To Know About … Guardianships & Healthcare Powers of Attorney
Part One
When a person has a loved one in rehabilitation or in long term care, understanding how guardianships and powers of attorney really work is essential – even if the loved one is competent to make their own decisions. As clients frequently note to me, it’s what you don’t know that can hurt you.
First, What is a Guardianship?
A guardianship is a court procedure through which a person or organization is given the responsibility to make decisions about the medical care of another individual (but to be clear – only medical, not financial. The financial court proceeding is known as a conservatorship). In order to have a Guardian appointed:
- A person (the “ward”) must be unable to make informed decisions independently (incompetent) and
- The guardianship must be necessary to provide continuing care and supervision of the individual.
A Guardianship is Not the Best Solution for Most People – Consider Powers of Attorney Instead
...
What You Need To Know About … Guardianships & Healthcare Powers of Attorney (Part Two)
In Part One, we covered what a guardianship is and why a guardianship is not the best solution for most people. Understanding how guardianships and powers of attorney really work is essential when a loved one is in rehabilitation, or in long term care, – even if the loved one is competent to make their own decisions. As clients frequently note to me, it’s what you don’t know that can hurt you.
Part Two
Alternative to Guardianship – Medical Power of Attorney (POA) / Patient Advocate Designation
The benefits of pre-planning are numerous. Ultimately, having good powers of attorney in place is a cheaper and easier option that places the least amount of burden on the family and provides more options. Additionally:
- Powers of attorney are voluntary, PRIVATE agreements.
- They are cost effective – one of the most cost effective documents done in estate planning.
- The Court is not involved. No one has to pre-approve the signing of the DNR. No one has...