Understanding Guardianships and Conservatorships

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. 

Whether you're traveling from across the street or across the country, holiday gatherings provide an excellent opportunity to assess the well-being of your aging family members. These festive occasions, filled with dinners, gift exchanges, and parties, offer a natural setting to observe any changes in behavior or lifestyle that may have occurred since your last visit.Changes in an elderly relative's condition can range from obvious to subtle. To help you gauge their current physical and mental state, we've compiled a comprehensive list of areas to observe and questions to consider during your time together.EnvironmentThe condition of your loved one's living space can offer valuable insights into their ability to maintain their home and overall well-being. Look for the following:Signs of damage or disrepair in and around the houseAccumulation of trash or clutterBurned-out light bulbs left unchangedDecline in cleanliness, particularly in the kitchen and bathroomUnopened mail piling upItems stored in unusual or potentially hazardous locationsDamage to their vehicle, such as unexplained scratches or dentsThese observations can indicate difficulties with home maintenance, mobility, or cognitive function.Food and NutritionProper nutrition is crucial for seniors. During your visit, pay attention to:The quantity and quality of food in the refrigerator and pantryPresence of expired or spoiled food itemsSigns of weight loss or malnutritionIndications that meals are being skipped or forgottenPoor nutrition can significantly impact an elderly person's health and may signal the need for additional support.Mood and BehaviorChanges in mood or behavior can be early indicators of cognitive decline or other health issues. Watch for:Withdrawal from social activities or abandonment of once-enjoyed hobbiesNew friendships or organizational affiliations, especially those involving frequent contact or requests for donationsIncreased confusion or repetition in conversationsSigns of irritability, apathy, or sadnessGeneral withdrawal or changes in typical demeanorThese behavioral shifts may warrant further investigation or professional assessment.Personal HygienePersonal care habits can provide valuable clues about an individual's physical and mental state. Look for:Decline in overall grooming and appearanceWearing dirty clothes or not changing clothes regularlySkipping showers or bathsBruises or injuries that might indicate falls or accidentsPoor hygiene can be a sign of physical limitations, depression, or cognitive impairment.Financial ManagementWhile not always easy to observe, changes in financial management can be crucial indicators of cognitive decline or potential exploitation. If possible, discreetly assess:Bill payment habits and any signs of financial distressUnusual or large purchasesUnfamiliar names on financial documentsSudden changes in banking habits or account managementFinancial mismanagement can have serious consequences and may require prompt intervention.Medication ManagementFor seniors taking multiple medications, proper management is essential. Observe:Organization of medicationsPresence of expired prescriptionsSigns of missed doses or confusion about medication schedulesMedication errors can lead to serious health complications and may indicate the need for additional support.Social ConnectionsMaintaining social connections is vital for seniors' mental and emotional well-being. Take note of:Frequency and quality of interactions with friends and neighborsParticipation in community activities or religious servicesUse of technology to stay connected with family and friendsSocial isolation can contribute to depression and cognitive decline in older adults.Remember, this list is not exhaustive but serves as a guide to help you check in on your aging loved ones. By observing these areas and initiating conversations early, you can identify potential issues and provide timely support. If you notice concerning changes, consider consulting with healthcare professionals or senior care experts for guidance.The holiday season offers a wonderful opportunity to spend quality time with your elderly relatives. Use this time to observe, listen, and engage meaningfully. Your attentiveness can make a significant difference in ensuring their continued well-being and quality of life.Aging Life Care Managers are an excellent resource for support. Working with families, an Aging Life Care Manager is a strategic planner offering options and solutions that best fit a persons individual needs and resources. Their guidance leads families to the actions and decisions that ensure quality care and an optimal life for those they love, thus reducing worry, stress, and time away from work for family caregivers.

Caring for an older adult with cognitive difficulties, such as dementia or Alzheimers disease, requires patience, empathy, and a thoughtful approach to daily activities. As our loved ones with dementia might have communication challenges, we become more attuned to observing body language and facial expressions. The right activities can provide a sense of purpose, stimulate memory, and improve overall well-being. However, choosing the wrong activities can lead to frustration or confusion. This guide offers practical advice on the dos and donts of engaging loved ones with cognitive decline.Do:        Simplify tasks and break them down into smaller steps.For example, if your loved one enjoyed cooking, involve them in simple tasks like stirring ingredients or setting the table. This allows them to participate without feeling overwhelmed by the complexity of the activity.Familiar rote tasks can provide a sense of purpose and success i.e.: folding towels or setting the table.Dont:        Set up for failureAvoid setting high expectations for perfection or completion of tasks. The goal is engagement, not mastery. If your loved one loses interest or struggles with a task, its okay to move on to something else without pressure. Try active listening techniques.Do:        Promote social interactionEngage in activities that foster social interaction, like looking through old photo albums, reminiscing about the past, or participating in small group activities. Social engagement is crucial for older adults as it helps combat feelings of isolation and keeps their minds active. Offer prompting open-ended questions to encourage engagement. Consider looking for a local Adult Day Center near you that might offer activities and social interaction.Dont:        Overwhelm with large gatheringsAvoid large social gatherings or unfamiliar environments that could cause sensory overload or anxiety. Instead, keep interactions small and personal, with familiar faces and settings to provide a sense of security and comfort.Do:        Watch television: many of us utilize television for entertainment but it can often become the primary source of structure and activity for the day.Watching cooking shows can be good if you are looking to improve appetite but can also cause overeating.Watching nature programs with positive content is engaging, however cycle-of-life or aggressive programming (like natural disasters) can produce anxiety. Baby animal shows can be a particular favorite as there is no plot to follow.Watching beloved shows can be nostalgic and comforting, and comedy skit shows also have no plot to follow.Consider what types of programs are watched at different times of day something with no speaking and just photography is good for resting, and sports might spark a desire for more activity.Dont:        Allow TV to cause anxiety or be a substitute for activity or personal interactionWatching the news can be distressing for some and cause anxietyConfrontational talk show formats can be confusing and angry participants may display unwanted behaviors.Sitting in front of the TV all day isnt good for anyone, and this is not engaging in socialization or cognitive stimulation.Do:        Incorporate music and artUse music and art as therapeutic tools. Older adults with cognitive difficulties often respond well to music from their youth or simple art activities like coloring or painting. These activities can stimulate the senses and provide a creative outlet, even for those with advanced cognitive impairment.Dont:        Use Activities that require complex decision-makingAvoid activities that require complex decision-making or too many choices. This can be overwhelming and may lead to frustration. Instead, offer simple, clear options that allow for easy participation. Offer a choice between two things such as menu items or daily clothing choices.Do:        Accept help when caregiving becomes overwhelming.Consider hiring an Aging Life Care Manager.  An Aging Life Care Manager can provide expert guidance, help coordinate care, and offer support in making decisions for your loved one.  Dont:        Set your expectations too high or schedule too full.Try to go with the flow and understand things might not go exactly as planned and thats okay. Schedule in extra time for activities or to get to appointments. If you feel frustrated, step away, regain composure (your loved one if not being difficult on purpose) and try again with a new energy. Read tips on how to deal with caregiver stress.As you consider what activity choices to offer your loved one, consider variety and time of day. Include exercise and socialization, as well as hygiene and rest. Modify, modify, modify. If they seem overwhelmed with an activity, try simplifying to a point they can successfully engage. For example: a puzzle with fewer and larger pieces, simple matching games, and activities to stimulate fine motor skills. Remember not to infantilize your loved one, but rather adjust to their needs. Be mindful of your loved ones response to an activity and be flexible with both them and yourself.