Guardianship then and now

Kathleen Anderson writes The Sage Connection in The JOLT.

Then… 

Years ago, when I was  working with seniors doing in-home assessments, family members would often be present. The senior might or might not have been living with their family member, but the individual present was the usually the primary caregiver.

I often was surprised by the misperceptions these family members had about the rights of their parent(s).

One family, in particular, in another state, stands out in my memory. I met the mother and daughter in the daughter’s home. Her mother lived in a senior trailer park community a couple of hours away and was visiting her daughter. Her daughter had called our office to set up services for her mother because she was moving in with her…or so she thought.

The mother, on the other hand, explained she was not moving anywhere. She had her own home and intended to stay in it. The daughter told her that was not going to happen. She then told me she had gone to her mother’s home to set up services like meals on wheels and paratransit. Upon the daughter’s return home, she learned her mother had canceled all the services she had arranged.

Frustrating, to be sure, for the daughter, but the mother was perfectly capable of making those decisions. The daughter then announced she would not be taking her mother home, and she had placed her trailer home on the market with a realtor.

I asked if she had guardianship of her mother. She did not. I explained she did not have the legal right to take these steps or keep her mother from returning home. She assured me she only had her mother’s best interests at heart, and she probably did. It never crossed her mind that her mother was the one with the rights.

Today…

Outreach and education have helped many families understand the lines that cannot be crossed.The Brittney  Spears case has brought guardianship into the spotlight. Although Spears is younger and suffered from mental health issues, guardianship programs serve all ages and disabilities.

What exactly is a Guardianship?

A Guardianship is a legal process where an individual or agency is appointed by the Superior Court and given the power and responsibility to make decisions for another person. The court determines if a person is incapacitated physically and/or mentally and in need of a guardian. A guardianship may also be necessary if an individual becomes vulnerable to exploitation.

Who can be a Guardian?

There are two types of guardians; a family or friend guardian, and a Certified Professional Guardian. A person is qualified to serve as a guardian who is:

• Eighteen years of age
• Not convicted of a felony or a misdemeanor involving moral turpitude
• A person whom the court finds suitable
• An agency authorized to act as fiduciary, guardian or limited guardian in the State of Washington

For  many families, struggling with different ideas about what services are needed, who should provide what or are unaware of laws that protect the individual, a certified professional guardian may be the answer.

For more information about certified professional  guardianship in Thurston County check out the following:

Senior Guardian Services, LLC

http://www.seniorguardianship.com

Senior Services for South Sound

http://www.southsoundseniors.org

Lifetime Legal PLCC

http://www.lifetimelegal.com 

Oh, by the way. 

No, the daughter didn't get away with her plan to kidnap her mother and sell her home out from under her feet.  The mother's case manager took care of things. 

Kathleen Anderson writes this column each week from her home in Olympia.  Contact her at  kathleen@theJOLTnews.com or post your comment below.