A Guardianship… To Help Our Loved Ones

As we age, having all our legal ducks in a row becomes increasingly important before anything happens; for example, having a written will. But what is the best way to ensure others can safeguard your loved ones affairs if they cannot? Two common solutions are guardianship and power of attorney. A guardianship involves court-appointed authority over an incapacitated persons affairs, with broader and ongoing responsibilities and oversight. The power of attorney allows a competent person to give another person broad authority over their senior care options and other affairs without court involvement. When weighing guardianship vs power of attorney, it is essential to understand the differences and similarities between them. This article provides a broad overview; please consult an elder law attorney for your specific scenario.  What is Guardianship? A guardianship is a legal arrangement in which a court appoints someone to make decisions for another person. This occurs only when a person becomes incapacitated due to disability, age, or another form of incapacity.   The purpose of guardianship is to protect the best interests of the person, who then is considered a ward. Guardianship proceedings are held in court, and the guardian is appointed to serve the wards needs.  Not all guardianships are the same. Like powers of attorney, there are several types, including: Guardian of the person: This person makes all decisions on behalf of the ward, including living arrangements, health decisions, and financial decisions. Guardian of the estate: Also known as a conservator, this person handles all financial decisions on behalf of the ward, including property, income, and expenses. Plenary guardian: The appointee handles daily and financial business for the ward. Limited guardianship: This person handles a specific area of responsibility for the ward. Guardianship is often a last resort when other less restrictive options are insufficient to protect an individuals interests. It is a significant legal responsibility, with the guardian expected to act with the highest level of integrity and care.What is a Power of Attorney? A power of attorney, or POA, allows a person to act in another persons stead. Depending on the scope of a power of attorney, the person named may be able to make health, financial, and any other decisions as per the termsThere are several types of powers of attorney, includingGeneral power of attorney: Allows the appointee numerous powers depending on the terms of the POA. Special or limited power of attorney: Has a specific purpose and is often used for property transfers or sales. Durable power of attorney: Designed to extend automatically should the maker become incapacitated. The terms of these POAs are generally broad. Nondurable power of attorney: Expires immediately if the maker becomes incapacitated. Springing power of attorney: Takes effect upon a specific event, such as when the maker of the POA becomes incapacitated. It is important to remember that the maker may revoke any power of attorney at any time, although some may have a time limit. Additionally, all POAs expire when the maker of the agreement dies.  What is Incapacity for Guardianship Purposes? A guardian may be appointed when a person cannot manage their activities of daily living, such as personal care, property, or finances.   A guardianship may occur when the subject of the guardianship petition is a minor or is suffering from a mental illness, physical incapacitation, or a senior with declining cognitive abilitiesSomeone who wants to seek guardianship must file a petition with the court. If approved, the guardian must agree to court oversight throughout the guardianship. The guardian must also demonstrate that the allegedly incapacitated person cannot manage his or her own financial matters, legal affairs, or personal careDoes a Durable Power of Attorney Help Prevent Guardianship? A durable power of attorney is a legal document you can use as a proactive measure. It can prevent the need for guardianship, assuming the person could execute the power of attorney before becoming incapacitated.  In some cases, a power of attorney may only cover the principals financial affairs, while in other cases, it can help avoid guardianship proceedingsKeep in mind that the person executing a durable power of attorney can designate a trusted individual to make decisions on his or her behalf should the person become incapacitated. Powers of attorney may allow the person appointed to make health, legal, and financial decisions on behalf of the principal.Advantages and Disadvantages of Guardianship One of the most significant disadvantages of guardianship is a loss of autonomy. Wards may lose the right to make many personal decisions, including where to live. You must weigh the advantages and disadvantages of guardianship carefully to ensure the ward retains dignityAnother disadvantage is loss of privacy since guardianship proceedings are often a matter of public record. While there can be potential for abuse of authority, guardianships are complicated. There are reporting requirements and numerous legal steps that one must completeSome of the advantages of guardianship include ensuring the well-being and safety of the ward. Additionally, this step can help prevent financial exploitation because a trusted person manages finances on behalf of the ward rather than another entity or the state assuming control.Guardians also serve as advocates for their wards, ensuring they receive proper medical care, educational opportunities, and other essential services. The guardian is also regularly present in the wards life, providing stability and more predictable outcomes.Deciding Between Guardianship and Power of Attorney A guardianship proceeding can be complex and difficult under the best of circumstances and should only be implemented when there is no better alternative. You can often avoid seeking guardianship through the courts by creating a power of attorney as a piece of an overall estate plan. Every family is different but ensuring your family members physical and emotional well-being is essential to us all.  How CarePatrol Can Help If your loved one needs senior care solutions, whether assisted living, nursing home, or another type of senior living environment, CarePatrol is here to help. Our local senior care advisors will meet with you to help you navigate the best senior care options for your loved one and even take you on personalized tours of the top three communities.  The best part is that our service is provided at no cost to you. Contact a local senior living care near you to get started. 

Dentists, Diabetes, and You: Effects Diabetes has on Teeth and GumsOCTOBER 25, 2023In the United States, one in ten people have diabetes. However, one in five people with the disease arent aware they have it. This is concerning because managing the condition without a diagnosis can be challenging.While a medical doctor is often the first to see symptoms of diabetes, your dentist is another professional who can spot signs of the condition during your preventive checkups. Diabetes can have a serious impact on your oral health; therefore, its important to properly manage the disease if youre diagnosed.DIABETES IN THE UNITED STATESDiabetes is one of the most common types of chronic disease in America, which is why its important to understand the effect of diabetes on oral health.The Centers for Disease Control and Prevention (CDC) estimates that 37.3 million people living in the U.S. have diabetes, yet only about half are officially diagnosed with the disease.More shockingly, as many as 96 million Americans are prediabetic, meaning they have a higher than normal blood sugar, but its not high enough to be considered diabetic.The number of diabetes diagnoses is expected to dramatically increase in the United States during the next decade. Because of this, keeping track of any changes in your oral or physical health is essential. Untreated diabetes can lead to serious medical complications and even death, so its vital to go to preventive medical and dental appointments where professionals can spot signs of the condition.Although there is no cure for diabetes, it can be managed with lifestyle changes and medications.DIABETES AND ORAL HEALTHDiabetes impacts many parts of the body, including the mouth and teeth. If diabetes is left untreated, patients may experience the following symptoms:Dry mouth due to less saliva productionA higher risk of cavities and tooth decayIncreased risk of developing gum diseaseA higher risk of developing an infection in the gum and bone that hold teeth in placeTooth lossBad breathDuring your bi-annual preventive checkups, your dentist can compare any changes in your oral health that may indicate diabetes. Maintaining good dental health habits and receiving professional deep cleanings from your dentist can also help lower your HbA1c or average blood glucose levels.Its a two-way street! Though dental patients with diabetes are more likely to develop gum disease, dental cleanings help reduce a diabetic patients risk factors for unhealthy glucose levels.REDUCING YOUR RISK OF DIABETESPreventing diabetes, specifically type 2 diabetes, is one of the best ways to care for your oral and physical health. Medical professionals recommend the following to reduce your risk of developing the disease:Eat more plant-based food such as leafy greens, legumes, fruits from trees, and whole grainsSkip trendy diets and focus on maintenanceLose excess weightMove your body for at least 30 minutes a dayIncrease good fats, such as olive oil and nuts, in your dietDENTAL APPOINTMENTS ARE IMPORTANT FOR ORAL AND OVERALL HEALTHVisits with your dentist are important for oral and overall health. Dentist keep your teeth, gums, and mouth healthy and are also on the lookout for changes in your overall health. Small changes in your mouth may not mean much to you, but to  dentists, these changes  can indicate bigger problems such as diabetes, oral cancer, and other medical conditions.For more information about how dental appointments help your overall health, check out this blog.CLINIC AND PROVIDER TIPS, ORAL HEALTH

Lower Your Risk of Oral CancerAPRIL 21, 2021Guest Blog by Dr. Mark Alexander, DMD*In recognition of Oral Cancer Awareness month (April) Id like to recommend two easy ways you can help lower the risk of oral cancer impacting you or your loved ones. My family practice, Alexander Dental Group, has been serving the Twin Falls area for 75 years now and, in that time, Im sorry to say, we have seen oral cancer from minor and easily treated to untreatable with a grave prognosis.  Early diagnosis is critical to say the least! According to the Oral Cancer Foundation, the death rate associated with this cancer is particularly high not because it is hard to discover or diagnose, but due to the cancer being routinely discovered late in its development. So, my first recommendation is that everyone see their dentist regularly (once every 6 months), AND, ask your dentist to perform an Oral Cancer Screening (OCS) with each checkup, if theyre not doing so already.  While the OCS is not perfect (some cancer can be very hard to find with the OCS), this screening is very important in finding potential oral cancer. The screening is painless and only takes about 90 seconds. And while your family doctor should also be examining your mouth, your dentist probably gives you more frequent exams and therefore is more likely to catch oral pathology earlywhich is so important! Second, use sunscreen on your lips. Lip cancer is usually treated surgicallywhich includes removal of the lesion AND healthy tissue surrounding the cancer. Obviously, this can impact your ability to eat and speak and may become a cosmetic deficiency. Lip balm with SPF 15 (SPF 30 is even better) should be applied regularly, especially if you are in the sun. Its not just for chapped lips!These are two relatively easy ways to lower your risk of oral cancer; regular screenings and protective sunscreen. If you have any questions about your oral health, or have concerns about your risk for oral cancer, please talk to your dentist. Were here to help.*Dr. Mark Alexander, DMD, provides a wide range of dental care and services including restorative procedures at his practice, Alexander Dental Group, in Twin Falls. He is also a board member of Delta Dental of Idaho.