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WHY ESTABLISH A GUARDIANSHIP?
So that a loved one will receive the care they need. It also allows the guardian
to make vital decisions for that person during a medical crisis. When there are
assets that are in the ward’s name such as a car or bank accounts, or if there
is real estate, and if there is no valid power of attorney in force, then a
Guardianship will be necessary to obtain access to those assets. If the person
suffered an injury at work or as the result of someone else’s mistake, then in
order to settle a claim or lawsuit a Guardian often must be appointed to make
sure the Ward is getting a fair deal.
"10 Warning Signs" Someone needs help
Has your family member:
Changed eating habits within the last year resulting in
weight loss, having no appetite, or missed meals?
Neglected personal
hygiene resulting in wearing dirty clothes, body odor, bad breath, neglected
nails and teeth, sores on the skin?
Neglected their home so
it is not as clean or sanitary as you remember growing up?
Exhibited inappropriate
behavior by being unusually loud or quiet, paranoid, agitated, making phone
calls at all hours?
Changed relationship
patterns such that friends and neighbors have expressed concerns?
Had physical problems
such as burns or injury marks resulting from general weakness, forgetfulness, or
possible misuse of alcohol or prescribed medications?
Decreased or stopped
participating in activities that were previously important to them such as
bridge or a book club, dining with friends, or attending religious services?
Exhibited forgetfulness
resulting in unopened mail, piling newspapers, not filling their prescriptions,
or missed appointments?
Mishandled finances
such as not paying bills, losing money, paying bills twice or more, or hiding
money?
Made unusual purchases such as buying more than one magazine subscription of the
same magazine, entered an unusual amount of contests, increased usage of
purchasing from television advertisements?
WHAT IS A GUARDIAN?
A guardian is appointed by the court to care for an incapacitated person -
called a "ward" and sometimes for the ward's assets. If there is no family
member or responsible party to act as guardian, a Professional Guardian will be
appointed.
WHO MAY SERVE AS GUARDIAN?
Any adult resident of Florida can serve as guardian, as can certain institutions
and Professional Guardians. A close relative of the ward who does not live in
Florida can also serve as guardian. Persons who have been convicted of a felony
or who are so ill they can’t do the job cannot be appointed. If the family is
able to agree on who should be the Guardian, the Court rarely rejects that
choice. However, in many cases there is no responsible party capable of being a
guardian. In this case, the court will appoint a Professional Guardian.
HOW IS A PERSON DETERMINED TO BE INCAPACITATED?
Any adult may file with the court a petition to determine another person's
incapacity setting forth the facts upon which they base their belief that the
person is incapacitated. The court then appoints a committee of two
professionals, usually physicians, and a lay person to examine the person and
report its findings to the court. The court also appoints an attorney to
represent the person alleged to be incapacitated. If the examining committee
concludes that the alleged incapacitated person is not incapacitated in any way,
the court will dismiss the petition. If the examining committee finds the person
to be incapable of exercising certain rights, however, the court schedules a
hearing to determine whether the person is totally or partially incapacitated. A
guardian is usually appointed at the end of the incapacity hearing.
HOW LONG DOES THE PROCESS TAKE?
An emergency Guardian can be appointed in three to five days. Regular
Guardianships take about a month to become finalized.
WHAT DOES A GUARDIAN DO?
A guardian who is given authority over any property of the ward must make a list
of the property, invest it prudently, use it for the ward's support, and account
for it by filing annual reports with the court. In addition, the guardian must
obtain court approval for certain financial transactions, such as the sale of a
house, although without a Guardianship, the house couldn’t be sold anyway
assuming the ward was incapacitated.
The guardian of the person may decide what medical, mental and personal care
services are appropriate and determine the place and kind of residential setting
best suited for the ward. The guardian of the person must also present to the
court every year a plan for the ward's care.
IS A GUARDIAN ACCOUNTABLE?
Yes. Guardians are usually required to obtain a bond. The Guardian may be
required to complete an eight hour court approved training program. You may also
choose to use a Professional Guardian who is capable of managing the accounts in
accordance with the rules. The Clerk of the Court reviews all annual reports of
guardians of the person and property and presents them to the court for
approval. A guardian who does not properly carry out his or her responsibilities
may be removed.
IS THE GUARDIAN LIABLE
FOR THE WARDS DEBTS?
No. Unlike the parent-minor child relationship, the Guardian does not have to
pay the ward’s debts from the Guardian’s pocket.
CAN THE GUARDIAN
BE REIMBURSED FOR COSTS?
Yes, the Guardian can be reimbursed. The Guardian is also eligible for a fee for
going to Court and meeting with the attorney and handling the affairs of the
ward. The Court could award fees of approximately $25 per hour or more in
certain cases. Of course, if the ward has no money, there will be no funds to
pay such fees. Some Guardians ask for a fee, some don’t. A fee is taxable
income. Reimbursement of costs is not taxable.
HOW MANY TIMES DOES THE GUARDIAN HAVE TO GO TO COURT?
Usually, just once, at the initial Court hearing to have the Guardian appointed.
However, the Guardian, via an attorney, is in regular contact with the court
when notification or permission to act must be obtained.
IS GUARDIANSHIP PERMANENT?
No, if a person recovers from the condition that caused him or her to be
incapacitated, the court will have the ward reexamined and can restore some or
all of the person's rights. A Guardian can resign and another family member
could handle matters or possibly a professional guardian could be appointed.
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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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