Alternatives to Guardianship

ADVICE

Some individuals can benefit from family members or other trusted advisors helping them make decisions. Questions to consider are whether an individual has people available to assist him/her; whether the people from whom he/she is likely to seek advice are likely to give sound advice; and whether the individual is likely to listen to, consider, and follow the advice.

EDUCATION

It is important to educate the individual not only on the areas in which he/she needs assistance, but also on how to make good decisions once he/she has the relevant information. Education can be specifically directed at a troublesome area, or can be used in a limited fashion in assisting with one particular decision.

INFORMED CONSENT

Informed consent is the agreement given voluntarily by an individual who understands and weighs the risks and benefits involved in a particular decision. An adult over the age of 18 is presumed legally competent to provide consent. According to Department of Developmental Services regulations,

whenever informed consent is required (prior to admission to a facility, prior to medical treatment, prior to being involved in research activities, prior to release of personal information, or before moving to

an alternative program option), the information must be provided in simple ways. This ensures that the individual has time to ask questions and consider options. There must be agreement that the individual understood the situation and made a clear decision.

LEGAL ADVOCACY

For many decisions, the advice and advocacy of an attorney may assist the individual in reaching a good conclusion if the individual will listen to the advice and act accordingly.

DURABLE POWER OF ATTORNEY

If the individual is capable of executing this document, then he/she can grant legal authority to another person to handle certain specified affairs. A Durable Power of Attorney is usually limited to financial issues, but does not have to be.

HEALTH CARE PROXY

An individual who is capable of making health care decisions may appoint a person, called a proxy, to make health care decisions for him/her in the event that he/she becomes incapacitated. The document to be executed may be as detailed as desired regarding guidance to the proxy. The involved physician must activate the health care proxy based on the individual’s decision-making capacity.

REPRESENTATIVE PAYEE

In the event that an individual receives Social Security benefits (SSI or SSDI), these benefits may be managed by a person appointed by the Social Security Administration. This “representative payee” is required to make annual accountings to ensure that the funds are received and are being properly expended for the benefit of the individual.