To provide individualized, compassionate, and dignified health care and financial decision making services as Guardians, and Agents appointed as Powers of Attorney to persons in need.
Guardians by Court Appointment
In the event an individual must have a guardian or conservator appointment, this will allow individuals to choose a professional other than those offered through the courts or an unprepared family member. Decision Advocates will provide guardians for personal decision making who are professional and focused on the dignity, preferences, values, and the individual.
Healthcare Power of Attorney
This allows individuals to appoint who they want and obviates the need for guardianship down the road. This saves families heartache and money.
Healthcare Decision-Making / Healthcare Power of Attorney
What is the role of a healthcare agent under a durable healthcare power of attorney? “Healthcare Agent” is a common term for the person appointed in a healthcare power of attorney document, signed by a principal, who chooses to appoint another person to make healthcare decisions on their behalf if they later lose the capacity to make these decisions. This is a voluntary and revocable authority, and if the principal, at any time, changes their mind, as to the agent that can act, they can take away this authority. Otherwise, this document will commonly stay in place for the remainder of the principal’s life.
What is Guardianship
For adults, a legal guardian is appointed through the courts, typically in the county of residency of the Ward, to make decisions for a Person when they lack the capacity to make decisions for themselves. A guardian can be appointed to a “full” guardianship, which would allow for the guardian to make all decisions for the person, and a “limited” guardianship, which would allow the guardian to provide only limited duties, most commonly the ability to make healthcare and placement decisions for the Person. Specifically, the court must find, based on the determination of a licensed medical doctor, that the person lacks capacity, defined as: one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person, even with appropriate services and assistive technology, lacks capacity to manage the person’s essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur. Upon appointment, the legal guardian is empowered by authority of the court (in which the Person resides) to make all decision on behalf of the Person including healthcare decisions, placement decisions, and living arrangements, among others. In addition to other duties, the guardian must always:
- act in the best interests of the Person and
- provide the least restrictive environment for the Person to reside.
FAQs
Decision Advocates staff are available to assist you with any questions about our services
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