WHAT IS GUARDIANSHIP?
Guardianship is the legal process by which a court determines that a person is incapable of making decisions about some or all areas of their life. Because of certain medical conditions, a developmental disability, mental retardation, dementia, mental illness, or the inability to communicate, a person may not be able to take care of his/her own finances, make medical decisions or understand the need for assistance with the activities of daily living.
After the court has heard medical testimony and other reliable evidence, it may declare a person incapacitated and appoint a guardian to make decisions on the person’s behalf.
The primary responsibility of a guardian is to make decisions about the ward’s personal and/or financial affairs. (Guardian of Person and Guardian of Estate). A Corporate Guardian is only appointed if there is no family or volunteer guardian able or willing to serve.
The responsibility of making decisions for another individual on a daily basis sets apart the role of a guardian from any other service provider.
Corporate Guardians at Twin Ports Guardian & Payee Services have completed training and are Certified National Guardians through the National Guardianship Association.
The use of substituted judgment is the principle of decision-making that is used by the guardian. In using substituted judgment the guardian takes into account the ward’s views and desires prior to the appointment of the guardian. The guardian learns as much as possible about the lifestyle, behaviors, preferences, and decisions made by the ward prior to his or her incapacity. Taking these factors into careful consideration, the guardian makes a decision that is in the Best Interest of the ward while taking into consideration what the ward would have decided if he/she were capable of making the decision.