What is Guardianship of Person?
In its most basic form, guardianship of person encompasses the job of making decisions for a person who has been legally declared incapacitated, incompetent or legally disabled. It is always a legal process and can often be adversarial in nature.
Who Needs a Guardian?
To need for guardianship focuses on the individual's ability to make decisions, to understand the consequences of the decisions, and to communicate the decisions once made. The areas of decision-making on which most guardianship decisions are focused include living environments and medical care. Other services may include educational training, initiating supplementary professional services and connecting with community and private supports also fall within the scope of practice for the guardian.
Who may be a Guardian?
A Guardian must be at least 18 years of age, have no felony convictions, and should not themselves be disabled. In some states there is a statutory preference for appointing family members as guardians; in others it is at the discretion of the court. More states are requiring that individuals appointed as guardians have some minimum training - for example, to watch a video, read a book, or to attend a course on guardianship.
Why select a Trained Guardian?
Professional guardians elect to do this job and have been trained and tested. Guardians who are members of professional organizations agree to abide by that organizations Code of Ethics and may have continuing training requirements.
What is Informed Consent?
This is a person's voluntary agreement to allow something to happen that is based on full disclosure of facts needed to make the best decision in the given situation. The guardian stands in the place of the protected person and must be afforded the same information and freedom of choice as the protected person would have received. Making an informed decision requires adequate information on the issue, and a lack of coercion so that the decision is voluntary. If any of these requirements are not met, an informed decision cannot be made. Informed consent is a key doctrine in guardianship.
Can Guardian & Conservator Services also provide Care Management or Private In-home Non-medical Care Attendant services to the protected person?
No. However, Guardian & Conservator Services can help arrange private consultation, care management and in-home medical or non-medical care service.
Minnesota Department of Human Services
Adult Protective Services
(800) 627-3529 TDD/TTY
Investigation of allegations of abuse, neglect (including self-neglect) or exploitation of adults with disabilities and elderly adults.
Office of Health Facility Complaints
P.O. Box 64970
St. Paul, MN 55164-0970
Phone: (651) 201-4201
National, Toll Free 1-800-369-7994
TDD/TTY call 711
Office of Ombudsman for Long-Term Care
P.O. Box 64971
St. Paul, MN 55164-0971
Senior LinkAge Line: 1-800-333-2433 Senior LinkAge Line® is a free information and assistance service that makes it easy for seniors and their families to find community services.
MN Department of Services: Aging (Click on "Aging" Tab): http://mn.gov/dhs/
The Alzhemier's Store: http://www.alzstore.com/
Planning For Your Needs: http://www.agingservicesmn.org/families/assess-your-needs
Assisted Living: http://www.agingservicesmn.org/families/choose
Paying for Aging Services: http://www.agingservicesmn.org/families/plan-pay
Medicare Information: http://www.medicare.gov/
National Alzheimer's Association: http://www.alz.org/
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