The Power Of Guardianship

By state law, guardianship is a relationship between the guardian and court that gives one person or entity the duty and power to make personal and/or property decisions. Guardianships are designed to protect the interest of incapacitated adults and elders. Pam Wright, licensed attorney in Tennessee and elder law specialists said, " I always tell people to think about it earlier if possible because if you can make some of these decisions and think about this while you are able to make your own decisions, you can decide who can handle your business ahead of time."

Who Can Be A POA

The financial power of attorney and medical power of attorney are the two important forms assigned to one or two people to help aging adults with their end of life

decisions.
The power of attorney is in place to look after the best interest of persons who are unable to look after themselves. The POA can be whomever the loved one assigns or if the elderly love one becomes incompetent then the court will take over the case and assign guardianship.

On May 7, 1982, the Globe and Mail (Canada) stated, "under provincial law, a person must be found to be suffering from a mental disorder to be committed involuntarily to an institution or to have a guardian appointed to look after his or her interests." (LexisNexis)
On December, 1993, "the institution of guardianship had a long history in the United States and other societies as an expression of parens patriae: the interest of the state (court) to look after the best interests of persons who are unable to look after themselves, according to the International Journal of Geriatric Psychiatry." (EBSCOHost)
On November 20, 2006, the Times & Transcript (New Brunswick) released an article called Guardianship and the elderly. They said, "the guardian, appointed by the court, becomes a decision-maker for the incapacitated person, and he or she has the power to make some, or all, financial and care decisions for that person." (LexisNexis)

The power of attorney laws varies from state to state. According to US Legal, some states have adopted a statutory power of attorney. Other specific types of power of attorneys include Health Care Power of Attorney, Power of Attorney for Care and Custody of Children, Power of Attorney for Real Estate matters, and Power of Attorney for the Sale of a Motor Vehicle. Tennessee and other states regulate this process, also referred to a "durable power of attorney for health care," said findlaw.com.

Jessica Tidwell, RN, and Director of Nursing at Waverly Healthcare and Rehabilitation Center talks about the two types of power of attorney and what each responsibility is for the role. (Audio Clip)

American Bar Association stated the following:
This growing understanding that guardianship is a serious intrusion into individual civil rights led most states to institute guardianship reforms that guaranteed individuals facing guardianship more robust due process rights similar to those guaranteed to individuals who faced civil commitment, including notice, representation by counsel, the right to be present at hearings/proceedings, and the ability to compel and examine or cross-examine witnesses and present evidence.

Public Guardianship

When there is no one there to turn to like a family member, friend, bank, or company a public guardian, also known as conservators, help people over 60 who can no longer help themselves. In 1986, the Tennessee General Assembly established the Public Guardianship for the Elderly Program for that purpose. According to TN Commission on Aging and Disability, this service is available in all 95 counties in Tennessee. To find a conservator, contact your local Area Agency on Aging and Disability (AAAD).

The first step in finding guardianship programs is to contact the office by calling 901-222-4100 and request an application. After the application is received, reviewed and accepted, then a consultation with doctors, attorneys, and social workers may help in the decision that persons 60 years of age and older can live

alone.

Some of the top choices for living arrangements are retirement/independent living communities, living at home with care assistant, assisted living, and nursing homes. While there are other options, aging and disabled adults need to have a plan in mind before it is too late. Today, in America aging and disabled adults suffer from elder exploitation, which is the financial abuse of seniors and adults with disabilities. The Richmond Register (Kentucky) said, "persons with power of attorney or guardianship who use that position to benefit themselves is among the most common types of elder exploitation in Kentucky."

What Are My Living Options?

When you or your loved one can no longer live independently, it is comforting to know there are many options available to help you make sure the proper care at the proper time is available. According to National Council on Aging, 11,400 senior centers serve more than 1 million older adults every day.
When a person has a serious health condition that requires intensive, long-term medical care, nursing homes will provide peace of mind. All personal needs such as bathing, dressing, meals, and housekeeping are available.
The cost of nursing home care depends on how long a person needs to stay. Kimberly French, RN at Friendship Home Health Care and Three Rivers Hospital said, "The hardest part about my job is not being able to make things right all the time. For instance, I might have a patient that needs womb care but because insurance is only going to pay for so many days, I can only go and see that patient for so many days." TennCare/ Medicaid, private insurance, long-term care insurance and private pay cover costs. The national average cost of nursing home care in Tennessee is up to $72, 000 annually.
Living at home with care assistance option will allow seniors to stay in their own home longer.

More seniors are choosing this option as this service industry grows. In 2014, the average cost of home care in Tennessee was $17 per hour. The services are usually private pay; however, it is important to check long-term care insurance policies. According to Pew Research Center, the extent to which older adults value their independence and wish to live in their own home, even when they can no longer care for themselves. In a survey conducted Oct. 27-Nov. 24, 2014, among 1,692 adults, about six-in-ten adults ages 65 and older (61%) say that if there came a time when they could no longer live on their own, they would stay in their own home and have someone care for them there.
Dorothy Smith said, "living at home is the best decision she made because it gives her freedom and the right to still be in control." Her granddaughter Tara Anthony White is her MPOA (Medical Power of Attorney) because of Smith's POA, her daughter lives in the state of Florida and when she is not here White steps up to the

responsibility.

For more information, contact the Area Agency on Aging & Disability by calling: 1-866-836-6678.