| POWERS AND DUTIES OF A GUARDIAN:
What You Should Do After Becoming a Guardian
Obtain
Your Letters of Guardianship
After the judge appoints you as guardian, you must sign
a statement accepting your duties as guardian and promising
that you will carry them out faithfully. The clerk of the
court will then give you what are called Letters
of Guardianship or, simply, Letters. These Letters are your proof
that you are the guardian. You should get certified copies of these
Letters from the court to prove that you are authorized to
act; doctors, nursing homes or insurance companies often
request certified copies.
When the clerk gives you your Letters,
s/he will certify one copy without charge. The clerk certifies
the Letters
by affixing a court seal to a copy of the Letters and signing
a notation, which is dated on the day the certification
is made, that the Letters are in full force and effect. You
can get additional certified copies of the Letters for
a
small fee. Some providers, after reviewing your certified
copy, will simply make a photocopy for their own files.
Give Notice of Your Appointment as Guardian
Once you are
appointed guardian you should notify
any family members who do not already know that you are now the guardian.
You should notify your ward's
doctor, dentist, health insurers, teachers, caretakers, nursing
home administrator, and any
other interested person that you are responsible for your
ward and authorized to make decisions and act on his or her
behalf. Send a photocopy of the Letters to each of these
people. A sample letter giving notice is included in the Appendix (PDF:
206k).
Occasions
may arise when a doctor, nursing home administrator, or
family member will
not recognize that you
as guardian
have the authority to make personal decisions for your ward. It is important that you stand up to these people, reminding
them that the court has appointed you guardian and that by
law you are the only person able to make these decisions.
Many
times the conflict will not continue after you have made
your position clear, but if the doctor or family member
still opposes you, go back to your attorney for help or contact
the judge (or his or her replacement) who presided over the
guardianship. A letter or telephone call from your lawyer
or a judge's order may convince those who are refusing to
accept your authority. When the situation is serious, such
as conflict over the withdrawal or continuation of life support
treatment or care being received in a nursing home, it is
important to seek help quickly.
If family
members continue to fight with you over your decisions,
mediation is a good
way to settle these conflicts. Sometimes,
having one family member whom everyone respects deal with
the family can help calm an unpleasant situation. Unfortunately,
in some families your decisions may always be opposed by
others, no matter how hard you try to explain your reasons.
Often the conflict is with your
ward who has enough capacity
to know that s/he does not want a guardian since s/he believes
s/he has taken care of himself or herself all these years
and does not need your help now. Sometimes you can make the
situation better by just giving the ward responsibility in
areas s/he can handle—choosing the homemaker to help
with daily chores, buying groceries, deciding on certain
medical treatment, helping to choose a shelter care home.
Often you can gain your ward's trust by remaining calm and
explaining to the ward what you are doing. By always including
the ward in what is going on, you can perhaps make the ward
feel better about having a guardian.
Sometimes the best resolution
is to let your ward care for
himself or herself until the situation becomes too dangerous for him or her to remain alone. You can also get advice
from other guardians, a case manager, social worker or agency
that deals with people like your ward. In the end, you
may
have to give up being guardian if you feel your ward would
better accept the authority of someone else. If your ward's
behavior makes it unsafe for him or her to continue in
his or her living situation, you may have to place the ward
in
a facility that can handle his or her behavior.
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