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Selecting a Guardian for a Nursing Home Resident
When a loved one becomes unable to care for himself or herself and requires nursing home care, it may also be necessary to appoint another responsible adult to make his or her personal and financial decisions. Guardianships and conservatorships are the legal terms for the relationships established when nursing home residents, or people unable to care or make decisions for themselves, need representatives to oversee their personal affairs or finances. These relationships may be established by court order, often with input from family members, when an adult becomes unable to deal with his or her personal affairs. In some instances, a guardian may actually be pre-selected by the individual directly concerned.
Selecting a guardian or conservator can be a difficult decision. If that decision has to be made quickly, or at a time that is stressful due to the necessity of placing a loved one in a nursing home, it can be a challenge. The decision can be further complicated when there are competing "candidates" for the role. In any of these circumstances, an experienced elder law attorney can be your best ally, acting as a learned and objective advisor. Elder law attorneys have the skill and experience to deal with these stressful situations and can take the pressure off of family members, while helping ensure the best possible care for the loved ones in nursing homes.
Questions to Ask When Choosing a Guardian
If you have a role in selecting or approving a guardian for a loved one, or if you are planning for your own long-term care in the event you should become unable to make your own personal and financial decisions in the future, you should give serious thought to the following ten questions.
- Does the candidate have a reputation for honesty, integrity, and timeliness?
- Has the candidate ever been convicted of a crime?
- Has the potential guardian managed his or her own personal matters in a responsible manner?
- Does the candidate have educational, professional, or business experience that lends itself to the performance of the duties of a guardian or conservator?
- Does the candidate have the time to devote to the required duties?
- Is the potential guardian in good health?
- Does he or she have a history of substance abuse?
- Is the candidate likely to engender the respect, support, and cooperation of all persons affected by his or her decisions?
- If the ward is already incapacitated, did the ward previously express his or her wishes as to whom to appoint as guardian?
- Although not required, is the potential guardian related by blood or marriage to the ward, or does he or she know the ward well enough to ascertain and carry out that person's probable intentions?
Conclusion
If you are thinking about selecting a guardian for yourself in the event you need one in the future, or if you are helping to select a guardian for a loved one who is already in a nursing home, an elder law attorney can provide assistance. A lawyer experienced with guardianships and conservatorships can be a strong and neutral advisor who can lessen the stress of a tense situation and help you make a wise and informed decision.
Checklist: Choosing a Guardian - Documents to Gather
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Choosing a Guardian - Documents to Gather
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