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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:
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Determining and monitoring place of the ward’s residence
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Consenting to and monitoring medical treatment
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Consenting to and monitoring non-medical services such as education or
counseling
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Releasing confidential information
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Making end-of-life decisions
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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:
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Acting as representative payee
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Determining benefits
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Obtaining appraisals of property
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Protecting property and assets from loss
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Receiving income for the estate
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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:
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Case/Care Management
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Healthcare Surrogacy
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Living Trusts
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Durable powers of attorney
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Living wills
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Joint tenancy
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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.
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In
The News |
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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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