For more than 12 years, Decades has been helping families navigate the complex world of elder care. Below are a few of the most commonly asked questions. Please contact us for more information or additional inquiries.
What is guardianship?
A guardianship is appointed for an individual who has been determined by a court to lack the capacity to make personal care decisions. As a professional guardian, Decades can make decisions related to medical treatment, living situation, care needs and end-of-life.
What is a conservatorship?
A conservatorship is established by the courts. A conservator is appointed to manage and protect the financial interest and assets of an individual who has been determined by the court to lack the capacity to make their own financial decisions.
What is a Power of Attorney?
Power of Attorney is a valuable estate-planning tool. There are two types of agreements: Durable and Healthcare. In both options, the Power of Attorney agreement controls the type of decisions Decades has the authority to act upon.
When it is necessary to file for guardianship or conservatorship?
Guardianship and/or conservatorship become necessary when a person is no longer able to manage their personal or financial affairs, and does not have an existing Power of Attorney that gives a trusted family member or friend the authority to act on their behalf.
A guardianship or conservatorship may also be required when there is a Power of Attorney in effect, but the individual is non-compliant, rendering the Power of Attorney ineffective. In these cases, Decades can provide families with local attorney resources who can work to petition the court.
When is a corporate guardian needed?
A corporate guardian or conservator is needed when there is no appropriate family member who can serve in the role, or when the court appoints a corporate guardian or conservator when there is significant conflict within the family. In these cases, a corporate guardianship is in the individual’s best interest.
If our family hires a professional guardian for a loved one, do we lose the ability to participate in decisions?
A corporate guardian should be interested in your family’s understanding of what a senior would have decided when they had the capacity to make the decision. In cases where that decision could cause substation harm to the elder, the guardian is required to consider the individual’s best interest when making a decision.
While the senior always remains our top priority, working collaboratively with families is extremely important to the Decades team.
Can Decades act as Power of Attorney for me?
Many attorneys recommend Decades for client who either do not have a child or close family member they designate in this role. In those cases, Decades has a Springing Care program designed for elder adults to name Decades as the Power of Attorney. Decades will create a plan for you that will not be used until it is needed.
How is a Power of Attorney different from a corporate guardianship?
A Power of Attorney is voluntary, and the individual must have testamentary capacity to sign documents. A Power of Attorney can be revoked when needed. A guardianship is appointed by a court and involves a legal process and hearing, in which the individual is deemed to lack the ability to make decisions for themselves.
What is the difference between a Durable Power of Attorney and a Healthcare Power of Attorney?
Power of Attorney is a valuable estate-planning tool. Decades offers professional Power of Attorney services to senior and developmentally disabled adults.
A Healthcare Power of Attorney is one type of health care directive that designates your wishes for health care if you are ever incapacitated or too ill to speak for yourself.
A Durable Power of Attorney is a power of attorney that gives Decades the authority to handle financial transactions on your behalf.
Our team specializes in providing elder care services while maintaining the dignity and integrity of our clients.
To book a consultation or for additional questions, contact us today.