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Guardianship Versus
Powers of Attorney
One of the most common questions I get as a practicing elder law attorney is, what is the difference between guardianship and a power of attorney?
A power of attorney is a document that a person executes when they are competent to appoint someone to be their agent for either healthcare matters, financial matters or both. The defining characteristics of powers of attorney is that it is a voluntary action by the person, and it can be revoked at any time so a power of attorney cannot be used to “trump” someone’s free will in order to place them in a facility for example, against their wishes.
A guardianship is a process where one typically files a pleading, requesting to be appointed as a person‘s guardian. In this case, we must demonstrate that the person we seek to protect is incompetent to manage either their healthcare, or their finances, or both.
The guardianship typically comes about in two primary ways. First, if the person we seek to protect never executed a power of attorney, and now is incapable, a guardianship would be necessary in order to handle things like an admission to a hospital or long-term care facility because no one has been appointed to consent to treatment for them. Second is a situation where the person we seek to protect is actively combative to the plan in place to handle their health matters. In this case, we must seek guardianship in order to overcome their wishes, particularly if they are unwise. For example, if your parent develops dementia, but insists that there is nothing wrong with them, that they should continue to drive and live independently and manage their medication, despite evidence that those things are dangerous in their current condition, guardianship is typically necessary in order to restrict their freedom.
In some states, like Florida, the guardianship will also cover financial matters. in Alabama, the conservatorship is established at the same time as a guardianship in order to handle healthcare matters for those cases where there is no power of attorney, and the conservatorship is necessary in order pay their bills, access finances, and so forth.
To establish financial guardianship, no matter what it’s called, we typically must be bonded so the person who is applying must be credit worthy and able to obtain a bond from a surety company. This ensures that the person’s financial well-being is well taken care of. If there is no one available, or if no one wishes to handle finances, every county typically has, or can appoint someone, as a county conservator to serve as that person‘s conservator. This is helpful in cases where it’s a very difficult or complex financial situation. Then it may be preferable to have a professional appointed and giving a relatively small fee for doing so. This leaves the guardian to care for the healthcare of the individual without the added stress of complicated financial matters.
Contact an elder attorney for more information about what your needs are and please don’t put off executing a power of attorney in favor of those people that you trust as soon as you can to avoid what could be difficult and unnecessary proceedings in Probate Court down the road.
This article was contributed by Kyla Kelim with Aging in Alabama. Kyla is an experienced Elder Law attorney. Contact Kyla at 251-281-8120.
Dont Wait: Why End-of-Life Conversations Cant Be Put Off According to an article by Johns Hopkins Medicine, two-thirds of Americans dont have a living will or advance directive. Planning ahead can help reduce stress and uncertainty for both seniors and their loved ones. A lot of people dont know what an advance directive is, says Lectoria Byron, a social worker with our Mobile, Alabama program. So, its giving them that knowledgeinforming them of exactly what it is and how it can help them. That eases a lot of anxiety. We sat down with Lectoria and Registered Nurse & Case Manager Amanda Albright to find out why these decisions matter and how the PACE care model fosters them. What is an advance directive and why does it matter? An advance directive is a legal document that explains what kind of medical care you want if you cant speak for yourself. It usually has two main parts: A living will, which says what treatments you do or dont want.A durable power of attorney for healthcare, which names someone you trust to make medical choices for you. Imagine for yourself, Amanda says. Someone you love deeply is in crisis because somethings happened to youand they cant find your funeral plans, your bank statements, or your healthcare wishes. They wont have time to grieve because theyre forced to focus on the paperwork and decisions that could have already been made. How does PACE help with these difficult conversations? Both Lectoria and Amanda emphasized education and pre-planning as the biggest ways their team offers support. Lectoria and the other care team members talk about advance directives during check-ins that happen twice a year. We break it up into manageable steps so its not overwhelming, Lectoria says. In Alabama, we have a basic form that requires two signatures and two witnesses, and we help guide participants through it. If a participant requires legal guardianship or their request involves filing documentation in court, we help connect them with resources like free legal aid, Lectoria adds. She said the best way to approach the conversation is to keep it simple. When you dont work directly with death or dying, its hard to know how to begin, Lectoria explains. But it doesnt take special training. You start by asking: Do you know what an advance directive is? A living will? A power of attorney? Then we offer information and ask: What are your wishes? PACE also provides brochures and other educational materials to help participants review their options in their own time. Checking in every six months ensures these decisions remain a priority. What is the advantage of a participant having their PACE team facilitate the conversation? The PACE team consists of a primary care physician, skilled nurse, social worker, physical therapist, recreation therapist, occupational therapist, and a chaplain. Amanda explains, The team approach keeps any one staff member from carrying all the emotional weight. And the participant hears a consistent message from different perspectiveseach member offering their own short summary or advice. That consistency builds trust and understanding. It gives a lot of credibility, Amanda says. PACEs structure also allows for something rare in modern healthcare: time. Were not seeing 16 patients an hour, Amanda says. We have the privilege to slow down and help people understand. That makes all the difference. Planning ahead for your care isnt just about filling out formsits about showing love, respect, and helping everyone feel more at peace. At PACE, were here to support you and your family through every part of aging, even the tough conversations. To find out more about Mercy LIFE and their innovative care program for Seniors, contact them at 251-287-8427.
Veterans Benefits for Non-Medical, Home Health Agency and Hospice CareVeterans who have served our nation deserve comprehensive support in their post-service lives, and the U.S. Department of Veterans Affairs (VA) offers a range of benefits to ensure their well-being. Beyond traditional medical care, many Veterans qualify for non-medical support, home health agency services, and hospice care. These benefits are designed to enhance quality of life, promote independence, and provide comfort during challenging times. Understanding these options can help Veterans and their families access the care they need.Non-Medical Benefits for VeteransNon-medical benefits encompass a variety of services that assist Veterans in their daily lives. One key program is the Veteran Directed Care (VDC) program, which allows Veterans to manage their own care by hiring personal aides, including family members or friends, to assist with tasks like bathing, dressing, or meal preparation. This program provides a monthly budget based on the Veterans needs, offering flexibility and control over how care is delivered. Another valuable resource is the Aid and Attendance (A&A) benefit, an additional pension for Veterans who require assistance with daily activities or are housebound. This financial support can be used to pay for non-medical caregivers, making it easier to age in place comfortably.Home Health Agency ServicesFor Veterans needing more structured support, the VA partners with home health agencies to deliver professional care at home. These services are available through the VA Home Health Care program and may include assistance from certified aides who help with personal care, light housekeeping, and mobility. While these services are not medical in nature (e.g., they dont involve skilled nursing or therapy), they play a critical role in maintaining independence. Eligibility typically requires enrollment in VA health care and a demonstrated need for assistance, as assessed by a VA provider. Veterans can also explore the Homemaker and Home Health Aide Program, which provides similar support for those with chronic conditions or disabilities, ensuring they receive consistent help tailored to their preferences.Hospice Care BenefitsWhen a Veteran faces a terminal illness, the VA offers hospice care to provide comfort and dignity in their final days. Hospice services focus on pain management, emotional support, and family counseling rather than curative treatment. Veterans enrolled in VA health care can access hospice through VA facilities, community partners, or at home. The VA Hospice and Palliative Care program ensures that care aligns with the Veterans wishes, often at no cost to the Veteran or their family. Additionally, Veterans receiving VA pension benefits may still qualify for A&A to offset hospice-related expenses, easing financial burdens during this time.Accessing These BenefitsTo take advantage of these programs, Veterans should contact their local VA office or use the VAs online portal at VA.gov. Eligibility often depends on factors like service history, disability rating, and income, so a consultation with a VA representative is key. These benefits reflect the nations commitment to honoring Veterans by supporting their independence and comfort at every stage of life. To learn more visit the Veterans Affairs website at www.va.gov/geriatrics or call 800-698-2411.
The SS United States: A Legendary Ocean Liners Final Chapter in Mobile, AlabamaFor decades, the SS United States was the pinnacle of American innovation, a sleek, steel-clad symbol of speed and luxury that ruled the high seas. Now, after years of uncertainty, this legendary ocean liner has found a temporary home in Mobile, Alabama, where it will undergo preparations for its final transformationbecoming the worlds largest artificial reef.As of March 28, 2025, the ship sits docked at the Port of Mobile, a ghost of its former grandeur but still commanding awe. Its arrival has sparked excitement, nostalgia, and even a bit of controversy as preservationists scramble for a last-minute rescue. But love it or mourn it, the SS United States is embarking on its final journey, and Mobile is playing a crucial role in its farewell.The Glory Days: Speed, Luxury, and Hollywood FameLaunched in 1952, the SS United States also known as the Big U was an engineering marvel. Built in Newport News, Virginia, it was designed to be both a luxury ocean liner and a secret military asset, capable of transforming into a troop transport if needed with the ability to carry 14,000 troops 10,000 miles without refueling. On its maiden voyage, it shattered records, crossing the Atlantic in just three days, 10 hours, and 40 minutesa feat no other passenger ship has beaten to this day.For nearly two decades, it was the way to travel between the United States and Europe. Celebrities, dignitaries, and socialites graced its decks, reveling in its opulent design and unparalleled speed. Hollywood took notice, too. The ship made memorable appearances in films like Disneys 1962 classic Bon Voyage!, where it served as the glamorous setting for a family adventure, and 1955s Gentlemen Marry Brunettes, where its sleek profile played a starring role. Even in 2013, the thriller Dead Man Down used the SS United States for atmospheric shots while it was docked in Philadelphia.But the golden age of ocean liners was not meant to last. By 1969, the rise of jet travel rendered transatlantic crossings obsolete, and the SS United States was retiredmarking the beginning of a long, uncertain future.From Neglect to New PurposeFor decades, the once-proud liner sat idle in Philadelphia, rusting away as preservation efforts struggled to secure funding. Dreams of transforming it into a hotel, museum, or entertainment venue never materialized. Then, in 2024, a decision was made: Okaloosa County, Florida, would purchase the vessel and repurpose it as an artificial reefa $10 million project that would give the ship a new purpose beneath the waves of the Gulf of America.Thus began the ships 401st and final voyage. On February 19, 2025, it was towed 1,800 nautical miles from Philadelphia to Mobile, arriving ahead of schedule on March 3. Spectators lined the waterfront, watching as the once-glorious ocean liner, now a shell of its former self, was guided into port.A Temporary Stay in MobileNow docked at Modern American Recycling Services (MARS), the SS United States is undergoing extensive preparation before its submersion. Over the next six to twelve months, crews will strip the ship of non-metal materials, wiring, and hazardous components, ensuring it is environmentally safe. Holes will be carefully cut into the hull so that when it is finally submerged, it settles uprightproviding a thriving habitat for grouper, snapper, and tuna.While many celebrate this transformation as a fitting second life, preservationists arent giving up without a fight. Organizations like the SS United States Conservancy continue to push for an alternative, hoping to turn the ship into a floating museum akin to the USS Alabama in Mobile Bay. A Tourist Boom in MobileRegardless of its fate, the SS United States has already left an impact on Mobiles tourism scene. Locals and visitors alike are flocking to catch a glimpse of this historic ship before it disappears beneath the ocean. Harbor cruises aboard the Perdido Queen and tours through Blakeley State Park have sold out quickly with maritime enthusiasts eager to snap photos and reflect on the ships remarkable past and those looking to explore Mobiles deep connections to the sea.The Final GoodbyeDespite the nostalgia, the clock is ticking. Soon, the SS United States will make its last journey, not to another port, but to the ocean floor off the coast of Florida. Once there, it will begin its final rolenot as a fading relic, but as a vibrant, living reef, fostering marine life for generations to come. For now, as it looms over the Port of Mobile, it remains a towering testament to American ingenuity, ambition, and the fleeting nature of technological supremacy. Whether you see it as a tragic loss or a poetic new beginning, one thing is certain: the legacy of the SS United States will live onabove the waves, beneath the ocean, and in the hearts of those who remember its glory.
Aging in Alabama is a full service elder law firm offering simple and custom solutions for clients and their caregivers who have real problems with nursing home Medicaid qualification, discharge, appeal, and disputes, as well as a variety of planning services, and estate and probate solutions, to preserve and protect your life's work.Alabama Rules of Professional Responsibility require the following: "No representation that the quality of legal services to be performed are greater than the legal services performed by other lawyers."
Aging in Alabama is a full service elder law firm offering simple and custom solutions for clients and their caregivers who have real problems with nursing home Medicaid qualification, discharge, appeal, and disputes, as well as a variety of planning services, and estate and probate solutions, to preserve and protect your life's work. Alabama Rules of Professional Responsibility require the following: "No representation that the quality of legal services to be performed are greater than the legal services performed by other lawyers."
Aging in Alabama is a full service elder law firm offering simple and custom solutions for clients and their caregivers who have real problems with nursing home Medicaid qualification, discharge, appeal, and disputes, as well as a variety of planning services, and estate and probate solutions, to preserve and protect your life's work.Alabama Rules of Professional Responsibility require the following: "No representation that the quality of legal services to be performed are greater than the legal services performed by other lawyers."