Are you or a loved one incapable of managing daily finances, activities, and decisions? The Caregiver Foundation may be able to help.
What is a Guardian?
A guardian is someone who is chosen – either by a court or by being named in a legal document, such as a will – to make decisions for the chosen individual (i.e., a “ward”) who cannot make decisions for him or herself. It may be for a short period of time while the individual is incapacitated or long-term.
Who can benefit from Guardianship?
Guardianship can be considered when an individual is recommended by:
- Relatives or friends who see that this individual needs help
- Court-appointed mandate due to mental or physical disability, disease, or addiction to alcohol or other drugs
- State or government institutions who consider the individual “at-risk”
- A capable individual who has executed a durable power of attorney to appoint another person to handle his/her affairs
What types of decisions are made by a Guardian?
A Guardian must be willing and able to represent the best interests of their ward, including:
- Giving consent to medical care or treatment
- Purchasing or arranging for purchase of necessities (food, clothes, car, etcetera)
- Arranging for education
- Managing finances and bank accounts
Who can I choose to be my Guardian?
The selection of a Guardian is an extremely important task. People with ties to the ward are preferred by courts, such as a spouse, parent or relative, or a state employee/private person familiar with the ward and the incapacity at issue. Fees and costs must be considered, as well as a Guardian’s expertise and competence.
The Caregiver Foundation’s Executive Director Gary A. Powell will, in some cases, act as court-appointed Guardian for-at-risk cases. Powell became the first nationally certified Guardian in the state of Hawaii in 2010, as recognized by the National Guardianship Association’s Center for Guardianship Certification.
We also provide administrative services to Guardians to ensure they execute their duties properly. In the event that you are no longer able to serve as Guardian, TCF may also step in and continue work as Guardian to ensure the care and comfort of your loved ones. We can also assist you with a Durable Power of Attorney (including DPOA for Health Care).
