Guardianship for the Vulnerable and the Elderly
Being a Guardian
Guardianship has moved from basic property protection in Roman times to broader child welfare in the mid-20th century. As guardianship for incapacitated adults became more common, issues of competence and oversight arose. This culminated in 1996 with formalized certification processes like those of the National Guardianship Association (NGA).
Guardians must now complete specific court-mandated training, pass exams for national certification, and show ongoing compliance with standards, reporting, and fees. Terms such as custody, safekeeping, supervision, trusteeship, and custodianship all point to the responsibility of looking after someone's well-being and/or assets.
- Guardians for children have custody of the child and the authority to make decisions concerning the child's protection, education, care, discipline, etc.
- Guardians for adults have authority to make choices for the adult, such as where they live and what kind of care they receive.
Guardianship of property
While guardianship is traditionally associated with people, it can also be established for property alone. Here the focus falls on property preservation and not the individual. Property guardianship includes tax assurance—an independent process used by professionals to validate the accuracy of financial documentation and ensure that no misrepresentations are found in the records. Property guardianship is extremely important and must be established carefully, as it may enable unscrupulous individuals to simply grab at assets not rightfully theirs.
Guardianship of individuals
This is the traditional type of guardianship where an individual, an organization, or a family, assume care for someone who can no longer communicate sound decisions about their person and/or property. or who has become susceptible to fraud and undue influence. Because establishing guardianship may remove considerable rights from an individual, it should only be considered after alternatives have proven ineffective or unavailable.
The extent of responsibilities
Legal oversight is fundamental to quality guardianship. Prior to its establishment, individuals were often sent from institutions back home to their families who, in many cases, didn’t have the knowledge, support, or resources to care for them properly.
When the court appoints a guardian of the person, the guardian may have the following responsibilities:
- Determine and monitor residence
- Consent to and monitor medical treatment
- Consent and monitor non-medical services such as education and counseling
- Consent and release of confidential information
- Take responsibility for end-of-life decisions
- Act as representative payee
- Maximize independence in the least restrictive manner
- Report to the court about the guardianship status at least annually
A guardian’s reach can be as broad or minimal as needed to ensure a baseline of safety and health for the individual in care.
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Arizona Fiduciary as Guardian
If you have a loved one that’s no longer able to make wise decisions about their care or finances, establishing a guardian may be the best way to protect them. If the person is still competent, an honest discussion can provide clarity and direction for everyone involved.
At Arizona Fiduciary Services, we are licensed, bonded, and well experienced in orchestrating important family conversations. We also serve as guardians and/or conservators. If necessary, your legal representative can explain how power of attorney can be used to make this designation.