Listen up folks.  This is an important article about something we all need to understand, even if guardianship is not even on your radar.

I wrote an article about Guardianship Basics for my ElderAuthority blog about a month ago.  Not knowing much about guardianship, I did enough research to be confident about my content; however, I also realized how little I understood this complex topic and its related issues.

GUARDIANSHIP PROCESS

In my eternal search for answers about all things related to aging, I asked Suzanne Cobb to explain the steps of the guardianship process.  Suzanne is Director of the Guardianship & Money Management Program at The Senior Source (I am a BIG fan) here in Dallas.

Guardianship is established through the guardianship laws of each state. It should be an option of LAST RESORT because it takes away rights.  A guardian is assigned when a person is incapable of making sound decisions and does not have a family member or other person to help with decision-making.  If you live in Dallas and you want to apply to be the guardian for a parent who lives in New York, you will have to apply through the New York Probate Courts.  Here are the steps if you live in Dallas County:

1. A doctor must examine the person and complete a lengthy report that concludes that the patient requires a guardian.

2. An attorney must file an Application for Guardianship.  The attorney should be someone with Probate and Guardianship experience.  If you need to find an attorney, call the Lawyer Referral Service for the Dallas County Bar and request a referral for an attorney with probate and guardianship experience.  The phone number is 214-220-7444.

3. The attorney submits the application with the doctor’s report to the Court.

4. The Court sends an investigator to meet the proposed ward and report back to the Court.

5. The Court appoints an Attorney Ad Litem who represents the proposed ward.  This person interviews the candidate, explains guardianship, and asks what the proposed ward wants.  If the proposed ward objects, the Attorney Ad Litem conveys this wish to the judge.

6.  At this point the Court may also appoint a Guardian Ad Litem.  This person represents the “best interest” of the ward, independently of the wishes of any other interested parties, including the ward.

7.  A Hearing is scheduled during which the Judge hears testimony from the Attorney Ad Litem, the Guardian Ad Litem, the proposed guardian, family members, and any other relevant parties.  Guardianship is granted or denied.  One guardian may be assigned for the person and another for the estate (property and financial matters).

The hearing can be quite short, but some cases are complex. The biggest problems occur when a group of siblings do not agree.  In too many cases the children of an aging parent get caught up in personal feelings and what they want, rather than what is best for the parent.

WHO BECOMES GUARDIAN?

The person who applied for guardianship may become the legal guardian.  If there is no one willing or able to take on the role of guardian, the Court or the Texas Department of Disability and Aging Services will assign a guardian.  The referral might be to one of only two non-profits in Dallas who serve as certified guardians.  The Senior Source serves the older population. The other is the Ark of Dallas, which serves those age 18 – 49 who have some form of mental retardation in their diagnosis.

I would consider myself very lucky if the Court assigned The Senior Source as my guardian.  Not only is someone with guardianship certification placed in charge of the case, but you also benefit from the VIP volunteers.  These volunteers provide companionship, run errands, read out loud, and donate other services that supplement the services of the professional who manages the case.

Suzanne told me, “Becoming a legal guardian is like adopting a person.”

Guardianship is a position of great responsibility and accountability. There is an urgent need for qualified guardians.

In Part II I will get into the really scary stuff about why there are not enough guardians and what that means to all of us.

Copyright TheNewElder 2012