Most people are probably familiar with the term “court-appointed guardian,” but few are fully aware of what a professional guardian actually is and what the scope of his or her responsibilities is. Briefly, guardians manage the affairs of persons who have been judged unable to manage them on their own, but there is much more to the role, and it is becoming more complex. Guardianship is expected to increase in the next few decades as the nations over-65 population doubles, and health care professionals and administrators will need to be fully informed about this multifaceted role.
Stephen Margulis, Esq., is an attorney and the current president of the Broward County Guardianship Association (BCGA). He has been a guardian for twenty years, specializing in care of American military veterans with psychiatric disorders. Margulis explains the guardianship role as follows: “Guardianship is a legal proceeding in the circuit courts of Florida which is initiated by a determination of an individuals capacity, or lack of capacity. A guardian exercises the delegable civil and legal rights for another person, who becomes known as a ward of the court. The court appoints a guardian when an individual has been adjudicated as incapacitated meaning unable to care for oneself or ones estate. Guardians assume the rights of the ward to make decisions about aspects of daily living and make those decisions in the best interests of the ward. Professional guardians are regulated by the State of Florida and by probate courts where their wards are located. Florida is actually one of the most highly regulated states in regard to guardianship, and will probably begin licensure soon; Broward County is a leader in court oversight of guardians.”
Margulis says that professional guardians need to possess broad knowledge that encompasses medical, legal, social, mental health and financial matters. “We essentially exercise substituted judgment for our wards, acting in their place and interacting with professionals from many disciplines to secure the services the ward may need. A guardians role is to discover what the persons life was like prior to their incapacity not to change their lives, but to keep them safe and to help them live with as much independence as possible. It often means walking on eggshells.”
Guardianship undoubtedly involves considerable diplomacy, sensitivity and knowledge, and is a demanding position that requires a genuine commitment. According to Margulis, a guardian is “on-call” 24/7 and has to be prepared to manage such issues as hospital admissions, consent forms, diagnostic tests and sensitive decisions such as facility placement and/or hiring caregivers. Most wards, he says, have no family to take care of them, or have families that are distant or dysfunctional. Wards can be people of any age, including children.
Despite the stresses, Margulis has found his work to be personally rewarding. “I feel that I am providing a necessary service. This is an altruistic calling; you dont go into it for financial reasons. Trial law is adversarial and this is much less so. The veterans that I work with have usually been disabled while in uniform; they have served their country.” There are two types of guardians family guardians, who are either related to the ward or are close, long-time friends willing to assume the responsibility; or professional guardians, most of whom are not attorneys. Some professional guardians are also attorneys like Margulis, who in addition to being subject to state professional guardian regulations are also subject to Florida Bar oversight.
Professional guardians must initially take a 40-hour course, pass an examination and register annually. Accountability and integrity are of paramount importance in guardianship, and entry to the profession requires a thorough financial and criminal background check, fingerprinting, and filing of ones credentials with the court. They must also take annual continuing education courses.
All guardians are accountable to the court and are required to report at least annually on the status of the individuals affairs. In addition, guardians must account for any expenditure of money. Financial matters are highly controlled; wards have restricted bank accounts that cannot be disbursed without a court order.
Guardianship is usually initiated when a report is filed to the department of child welfare or elder affairs, often by a social worker or other medical professional. The decision to establish guardianship is made when all other alternatives have been exhausted. Among the functions carried out by guardians are determination of residence and monitoring of that residence; procuring caregivers and monitoring care; arranging and monitoring medical treatment, education and counseling; financial management; releasing confidential information; and making end-of-life decisions.
Broward County boasts some of the nations most progressive leadership in the field of guardianship and is widely viewed as having a model program. This is largely due to the efforts of Judge Mel Grossman, Browards chief probate judge, and people from his staff who have developed models for statewide court oversight. Attorney Michelle Hollister, formerly Judge Grossmans judicial assistant, is Executive Director of Floridas Statewide Professional Guardianship Office in Tallahassee.
Broward County Guardianship Association (BCGA), a non-profit organization, works to improve guardianship services and to promote and advance the profession throughout the region. BCGA is a growing organization that is, above all, dedicated to promoting the protection, dignity and value of incapacitated persons.
The organization holds bi-monthly meetings with continuing education programs and has an annual all-day seminar. Margulis describes the organization as very collegial and says that BCGA is working to increase membership. Associate membership is available for social workers, nurses, case managers, geriatric care managers, financial planners and other interested professionals. Membership in BCGA includes membership in the Florida State Guardianship Association as well. BCGA also advocates for legislation to improve services to incapacitated persons.
“The need for professional guardians is growing,” says Margulis. “There are never enough of us, and there will be a greater need in the very near future. Anyone who is interested in learning more about guardianship should consider attending a BCGA meeting.”
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