Guardianship and Power of Attorney for Senior Citizens

A Frightening Aspect of Aging

What would happen to you if you reached a stage in life where you were no longer able to make decisions about yourself? Your healthcare?  What would become of you?  Even if you have loved ones, do you trust all of them to make the kinds of decisions you would about your welfare?  A truly frightening prospect that few people want to think about is legal guardianship, but we all need to. 

Legal Guardianship

Legal Guardianship

Legal guardianship must be considered at a certain stage. That stage is when you or your loved one is no longer able to make rational decisions for himself.  The court does this by hearing evidence, declaring someone incompetent and assigning a guardian, also known as a conservator. The guardian is then legally responsible for deciding the financial, living and medical arrangements for their ward.  When possible, the guardian is supposed to consult their ward with respect to certain decisions specified by the court. 

Appointing a guardian entails a dramatic loss of individual rights and may not be in keeping with the ward’s wishes.  Therefore, setting up a power of attorney (POA) designating someone of your own choosing to act on your behalf will ensure that the person you trust is in charge of your care.  The POA must stipulate that the appointed decision maker, known as the principal, should continue in the event of incapacity which would then make it a durable power of attorney.  The power of attorney can also go into effect at a pre-specified time at the time of writing. 

David York Agency has dealt with both guardians and POAs in planning the senior home care of their elderly clients.  The agency is fully aware of the issues surrounding these senior care plans and is abreast of all the latest guidelines for seniors.  Agency Intake Coordinators be happy to discuss your case with you.  Please call the home care agency at (718) 376-7755 or visit our website.  You can also like them on Facebook or follow them on Twitter or LinkedIn.