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What is Guardianship?

According to the Florida State Guardianship Association:

Guardianship is the management of the affairs of someone who has been judged unable to manage their own affairs. Generally guardianship is ordered by a court on behalf of someone who is called a ward of the court. A guardian assumes the rights of the ward to make decisions about many aspects of daily life. A guardian is directed by ethics and statute to make decisions in the best interest of the ward.

The two most common types of guardianship are limited and plenary. In a limited guardianship the guardian assumes only the delegable rights specifically given by a court order. The subject of the guardianship (called a ward of the court) keeps all other decision-making rights not specifically outlined by the court. In a plenary guardianship the rights enumerated in Florida law that can be delegated can be applied to the person, their estate, or both.

Guardianship of the person may allow the guardian to have responsibility for the following for the ward:

  • Determining and monitoring place of the ward’s residence
  • Consenting to and monitoring medical treatment
  • Consenting to and monitoring non-medical services such as education or counseling
  • Releasing confidential information
  • Making end-of-life decisions
  • Maximizing independence in least restrictive manner

Guardianship of the estate or property may include anything that is the subject of ownership whether tangible or intangible. The court may order the guardian to take control of and be responsible for the following:

  • Acting as representative payee
  • Determining benefits
  • Obtaining appraisals of property
  • Protecting property and assets from loss
  • Receiving income for the estate
  • Making appropriate disbursements (the guardian may need to obtain court approval prior to the disposition of those assets enumerated in Florida Statute 744,441)

Florida has specific laws governing guardianship proceedings and guardian activities, all of which are designed to protect the interests of the ward. A Florida guardian is accountable to the local court and must report annually on the status of the ward and account for all financial activity.

Title XLIII Chapter 744 of the Florida Statutes controls how guardianships are applied. The statutes can be read online

Because establishing a guardianship is highly intrusive and involves the removal of rights from an individual, it should be considered only after all alternatives have been examined. When an individual still retains the capacity to act on his/her own behalf, the following may be evaluated and determined as viable alternatives to guardianship:

  • Case/Care Management
  • Healthcare Surrogacy
  • Living Trusts
  • Durable powers of attorney
  • Living wills
  • Joint tenancy
  • Community services

FSGA is a nonprofit corporation founded in 1983 for the improvement of guardianship services. Governed by a Board of Directors representing five geographical areas of the State, FSGA is dedicated to promoting the protection, dignity, and value of incapacitated persons through a code of ethics, advocacy, and the dissemination of information. FSGA's mission also includes a focus on furthering the professionalization of guardians as accountable court representatives through education, networking, and legislative action.

Please Visit the FSGA for more information on Guardianship.

In The News
Feeling tired all the time?  You’re not alone.  In fact, fatigue is one of the most common complaints that bring adults to doctors’ offices. Numerous studies indicate that people who see their doctor about fatigue have generally experienced it for a considerable length of time — anywhere from six months to several years!

Fatigue can be due to numerous causes, such as medical conditions like congestive heart failure, hypothyroidism or diabetes. It can also be a result of sleep disturbances brought on by menopause, or by physical changes that accompany aging. But while fatigue may be an inescapable part of life, there’s no need to take it lying down. Your body is geared toward generating energy as well as expending it. And there are numerous strategies to help regain the physical and mental energy needed to enjoy life to its fullest.

Eat for energy

The tried-and-true advice for healthful eating also applies to keeping your energy level high:

• Eat a balanced diet that includes a variety of carbohydrates, proteins, and fats with an emphasis on vegetables, whole grains, and healthy oils. Taking a daily multivitamin will ensure that you get the vitamins and minerals you need, but taking extra amounts of individual nutrients won’t give you more energy.

• Eating certain types of foods in particular amounts can help prevent fatigue. Because different kinds of foods are converted to energy at different rates, some — such as candy and other simple sugars — can give you a quick lift, while others — such as whole grains and healthy unsaturated fats — supply the reserves you’ll need to draw on throughout the day.

• Eat small, frequent meals. Where energy is the issue, it’s better to eat small meals and snacks every few hours than three large meals a day. This approach can reduce your perception of fatigue because your brain, which has very few energy reserves of its own, needs a steady supply.

Reduce stress

The most common cause of persistent fatigue is stress and the emotional response to it. People who feel fatigued most of the time don’t necessarily have more stress in their lives than other people, but they may be more sensitive to its effects. Stress-induced emotions consume huge amounts of energy. Relaxation therapy can be an effective tool for reducing stress and naturally boosting your energy, particularly when used in combination with cognitive behavioral therapy. Meditation, self-hypnosis, yoga, and tai chi are all relaxation techniques. One of the easiest techniques to use is progressive muscle relaxation, which involves systematically tightening and releasing sets of muscles, beginning with your toes and progressing up your legs, torso, hands, and arms. You might also consider other relaxation therapies, including aromatherapy and massage.

No matter what age you are, there are things that you can do to feel more energetic. Harvard Health Publications’ Boosting Your Energy report will help you take the first steps toward discovering the causes of your fatigue. This Special Health Report provides you with the latest information about fatigue and offers strategies to help you regain your physical and mental energy. The report discusses medical conditions that may be the cause of your fatigue as well as ways to naturally boost your energy.

Reprinted from Boosting Your Energy — A Special Health Report from Harvard Medical School, Copyright © 2007 by the President and Fellows of Harvard College. All rights reserved.

 
 
   


 

 

 

 

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