Guardianship and Conservatorship: What You Need to Know

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. 

Black Friday marks the unofficial start of the holiday shopping season, offering substantial discounts and deals for shoppers across the country. For seniors and their caretakers, navigating this busy day can seem overwhelming. However, with the right preparation and strategy, it can be both a rewarding and enjoyable experience. Preparing for Black FridayThe key to making the most of Black Friday is preparation. Start by researching deals in advance. Many stores release their flyers, advertisements, and exclusive offers through their websites and apps. Make use of these resources to compare prices and ensure the discounts are genuine. This homework ensures you're not getting swept up by the hype of a sale that isn't what it seems.Next, create a comprehensive shopping list. Decide which items are essential and which are simply nice-to-haves. By distinguishing between needs and wants, you'll stay focused on your priorities and avoid being tempted by unnecessary purchases. A clear list will also help you manage your time efficiently when shopping.In-Store Shopping TipsFor those heading out to the stores, timing is critical. Avoid peak hours by opting to shop early in the morning or later in the evening when fewer people are out. This not only reduces stress but also helps you access the best deals with minimal competition.Safety is always a top priority. Be mindful of your surroundings and keep your personal belongings secure at all times. A small crossbody bag can be useful for minimizing the chance of losing items. You should also plan your route through the store. Familiarize yourself with the store layout by looking at maps or using store apps to find exactly where you need to go. This helps you avoid unnecessary wandering and confusion.Online Shopping StrategiesIf crowds aren't your thing, online shopping offers a comfortable alternative. You'll avoid long lines and have the opportunity to access special online deals that aren't available in stores. It's a great way to save time and energy.Ensure your online transactions are safe by using secure payment methods such as credit cards or trusted payment services like PayPal. Be on the lookout for scams; if a deal seems too good to be true, it probably is. Stick to reputable websites and be cautious with personal information.Budgeting and Financial TipsBudgeting ahead of time can save you from financial stress during the holiday season. Set a realistic budget for each item on your list and do your best to stick to it. This will help you avoid impulsive buys that can quickly add up and increase your spending unnecessarily.Track your spending as you go along. Apps or simple paper lists can help you monitor your purchases and ensure you're staying within your allotted budget. By reviewing your acquisitions regularly, you can adjust your spending plan as needed and keep everything under control.Add Senior Care to Your Shopping ListWith a bit of planning and organization, Black Friday shopping can be a productive and even enjoyable experience for seniors and their caretakers. Remember the key points: research and prepare, shop during less crowded times in-store, enjoy the convenience and safety of online shopping, and maintain a clear budget to avoid overspending. Most importantly, take time to enjoy the holiday season and treat yourself with care.If you need more personalized assistance or support at home, don't hesitate to reach out to Senior Helpers Fort Collins. Our team is here to assist seniors in Fort Collins, Englewood, Littleton, Lone Tree, and Longmont. Embrace the holiday spirit wisely and make the most of this Black Friday! Questions, please call us at 970-344-9931.

When cooler weather approaches, it's time to prepare your home to ensure safety and comfort during the winter months. This helps seniors, who are at a higher risk of falls and other seasonal hazards. Here's a list of safety-related home improvements that seniors should complete or have someone else complete before winter sets in.Addressing Slip and Fall RisksColder weather often brings icy and slippery conditions, which can increase the risk of falls. To address these risks, start by inspecting and repairing walkways and driveways. Fix any cracks and level uneven surfaces and consider adding non-slip treatments to reduce the risk of slipping. Installing handrails and grab bars can provide additional support and stability, especially in wet or icy conditions. Key locations to consider include bathrooms, near the toilet and shower, and on staircases, both indoors and out. It's best to have these professionally installed to ensure they are secure and properly positioned.Good lighting is critical to prevent trips and falls indoors. To improve visibility, use brighter bulbs in areas where seniors frequently walk, such as hallways and living spaces. Adding nightlights in key areas like bathrooms and bedrooms can provide guidance during nighttime visits.Tree and Landscaping HazardsWinter weather can also create hazards outside your home, particularly related to trees and landscaping. Overhanging branches can break under the weight of snow and ice, leading to property damage or personal injury. To mitigate this risk, trim back any branches that hang over your roof or walkways. If you have large trees, consider hiring a professional, as they have the right equipment and expertise.Clogged gutters can cause water damage or lead to the formation of ice dams. Clear out leaves and debris from gutters and downspouts to ensure proper drainage. Installing gutter guards can help minimize future clogging.Loose items can become dangerous projectiles during winter storms. To keep your outdoor space safe, store lightweight furniture and decorations in a shed or garage. Secure heavier items to prevent them from being moved by strong winds.Fire Prevention ImprovementsFire safety is crucial, especially in cooler weather, when heating appliances and holiday decorations are used more. Start by replacing old carbon monoxide and smoke detectors.Check the expiration dates on all detectors and replace any outdated ones. Install new batteries in all units to ensure they're functioning properly.Regular maintenance of heating systems can prevent fires and ensure efficient operation. Schedule professional maintenance for your furnace, boiler, or other heating systems. Clean vents and filters to remove dust and debris that could potentially start a fire.Emergency preparedness is critical for safety, and fire escape plans must be reviewed and practiced by all members of the household. Conduct regular drills to ensure everyone knows what to do in case of a fire.Its Important to Keep Seniors SafeCompleting these safety home projects before cooler weather arrives can make a significant difference in protecting your home and loved ones. Investing a little time now can help prevent accidents and emergencies later on. Don't wait until winter is here. Act now to secure your home against seasonal risks. If you need assistance with any of these tasks, Senior Helpers Greeley is here to help. We proudly serve Fort Collins, Loveland, Windsor, Estes Park, and Longmont. Contact us today to make your home a safer place. For more information, please call 970-373-3858.