Power of attorney is usually used to allow family members to retain the legal right to make decisions for an elderly loved one. Much of the time, this is the right way to go. It creates a legal safeguard so that someone who is making decisions in the best interests of someone they love can continue to do so. As a family member, and as a family member who wants their loved one to have the best care and attention, it’s important to remember that power of attorney is not your only choice for creating this legal framework of protection. In some cases, a guardianship might be a better choice. I can’t go into all of the legal differences between the two in this brief blog post, but hopefully I can give you a starting point. If this is something that you would like to learn more about, please get in touch with an elder care attorney.
Guardians are appointed by a court, while power of attorney is given through a legal process, usually with an elder care attorney assisting with and filing paperwork. Depending on the situation, either serves a very important purpose.
Basically, there are two types of guardians. One acts as a guardian of the person, looking out for the rights and the best interests of the individual. The other acts as a guardian of the estate, looking out for the preservation of property, belongings, and any other assets. The guardian of the person is able to make decisions regarding care–including senior care, while the guardian of the estate makes financial decisions for the individual.
Guardianships are court ordered positions. It is possible for both roles to be filled by the same person, if that is what the court decides is best for the individual. Just like with a power of attorney, the guardian is asked to take the same care and consideration that they would if they were making decisions for themselves. A guardianship can be a long term thing, like a power of attorney, but it can also be short term, as per the court. Typically, courts like to make guardianships short term because it increases accountability, but this is always addressed on a case by case basis. The specific needs of an individual will be the basis for what a court deems is best.
Assisting a loved one with the care, whether you have a legal power to help make decisions or not, is important. Your parents deserve the very best care, but a lot of times this doesn’t happen, either because of cost, lack of knowledge, or something else. Knowing what your options are is a great starting point. If you are helping someone that you care about get started making decisions about their senior care, get in touch with a care professional today. They will be able to give you more help and point you toward options that will help with specific concerns that you have. Many organizations, including Paradise In-Home Care, offer a free consultation, so use this to your advantage and learn more about what your mom or dad’s care choices are today.
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