If applicable, make sure the individual's homeowner's insurance policy remains paid up. If there is an outstanding mortgage, make the monthly payments. Check to ensure the locks on doors and latches on windows are secure. Make sure real estate taxes are paid.
Discuss the situation with the individual, if possible. Lay out choices available. You might want to broach this subject before the need arises as there may be waiting lists for certain housing alternatives. Consult with your attorney.
- Apartment in private building or group home
- Adult foster care
- Life care facility
- Assisted Living Facility
- Nursing Home
- Adult Daycare
A physician; staff at a local aging organization; an adult service worker; a hospital discharge worker; or an employee of a community mental health facility for the aged.
You may want to start by getting a list of nursing homes in your county or area.
No. Some home only provide basic service, while others offer both basic care and skilled care.
First, check which homes have available beds. Consider the proximity to the individual's friends and family. Next, visit one or more homes to get an impression of the cleanliness, ambiance, activities and quality of care. Ask yourself if this is a place where you would feel comfortable living.
Yes. But be careful. Read the admissions contract thoroughly. On the signature line, cross out any reference to "responsible party" and sign only as "guardian." Better yet, allow your attorney to read the contract before signing.
You should add a statement to the contract, "I sign as guardian and I only agree to pay any nursing home expenses from the individuals' funds, not from my own."
As guardian, you can exercise some of the individuals' rights. You have an obligation to see other rights are not violated. To help accomplish theses goals, it is useful to visit the individual often and too advocated with staff at the nursing home.
No. You have an important role to monitor the quality of care and scope of services the individual is receiving. It is your decision, to the nursing g homes, whether the individual remains a resident at the home.
Yes. You can find information on nursing homes at
www.medicare.gov.
Medicare is a federally funded program that covers part of the cost of hospital and doctor care. People are eligible if age 65 or older, or permanently disabled, or receiving kidney dialysis.
Some services, such as annual checkups, routine food care and hearing aids are not covered at all by Medicare.
There are both deductibles and co-insurance for covered services. A premium is deducted each month from the individual's Social Security check.
.
Contact the Social Security office two to three months before the individual turns sixty-five.
NO. There are strict limits to the amount a doctor can charge.
A doctor who accepts assignment will only charge what Medicare considers reasonable. He or she bills the patient for any deductible and co-insurance, and collects the balance directly from Medicare.
The patient must pay the bill. Medicare will reimburse the patient for a reasonable charge. You may elect to not use that doctor and find another who will accept the assignment.
No. Federal law requires the doctor to complete the paperwork. You will receive an Explanation of Benefits from Medicare, showing what Medicare has and has not covered.
Medicare covers skilled nursing home care for a limited time and only in certain circumstances. Medicare covers no basic care.
Medicaid does cover both skilled and basic care.
Medicaid is a program funded jointly by federal government and the State of Florida. Eligibility depends on an individual's age, marital status, income, assets, and in some cases, amount of medical bills. Eligibility is re-determined once a year.
There are small co-payments for some services. Reimbursement is always made directly to the healthcare provider.
Yes. There are complicated rules designed to prevent spousal impoverishment.
No.
Yes.
Yes, unless the individual qualifies for free medical care.
A living will is a document in which a person expresses his or her wishes about medical treatment in the event he or she should become terminally ill or permanently unconscious and unable to participate in treatment decisions.
Yes. It is important to provide a copy of a living will to the individual's physician so that it can be acted upon if needed. Whether binding or not, these documents may provide strong evidence of an individual's wishes.
A guardian has the right to authorize or refuse procedures for the diagnosis and treatment of injury or illness. This includes physical examinations, tests, inoculations, dental work, non-surgical treatments and surgery.
If the individual has a personal physician, let him or her know you have been appointed guardian. Find out whether the individual is undergoing any treatment, including taking prescription medication. Ask how often the doctor wants to see the individual.
Yes. The individual should then undergo a comprehensive examination.
Yes. If you do change, make sure the new doctor gets all medical records.
One important issue is to find out whether the individual needs any adaptive devices such as a new prescription for eyeglasses, a hearing aid, a wheelchair or the like.
Speak with the doctor about treatment options, side effects and prognosis. Obtain the doctor's recommendation. Get a second opinion if this is a major decision.
Consult with the individual if possible. Try to follow his or her present or prior wishes if known. If these wishes are unknown, act in what you perceive to be the individual's best interest considering the information available to you.
Yes. But the ultimate decision is yours.
No.
Yes. Have an emergency plan ready before an emergency occurs.
A guardian may arrange for outpatient counseling or therapy and consent to psychotropic medication.
An individual might need treatment for depression or affective disorder counseling for grief or substance abuse.
You should consult your attorney and seek a probate court determination before making decisions affecting the Ward's life.
Consult your attorney.
If the issue of marriage of the individual arises, it is best to petition the court for instructions unless the person is not determined as incapacitated with respect to marital decisions.
The court can grant you power to pursue divorce.
The number of times you should visit the individual is dependent on the needs of the individual. Factors include whether the guardianship is plenary or limited, the living situation of the individual, his or her health, the effectiveness of telephone contacts, and the incidence for visits by others the individual knows.
For some individuals, one visit each week would be appropriate; for others, once a month might suffice.
Again, this depends on the needs of the individual. Some individuals may prefer shorter visits, occurring more often. Others may need time to emerge from a withdrawn state.
One purpose is to ensure the daily needs of the individual are being met. This is important both for individuals living in their own homes and for those in nursing homes. Staff may be more attentive to the needs of an individual who has visitors.
During the visit, you can observe the physical appearance and frame of mind of the individual, listen for any complaints from the individual, check on his or her possessions, and consult with staff.
Visits are also a means to develop a relationship of trust and to learn more about the wishes of the individual.
Finally, a visit is a social contact for the individual. For some, a guardian will be the only visitor he or she has, the only link to the community.
Yes, although this is not a requirement. As guardian, you should be aware of what you must do and what you can do. Without efforts by the guardian, the individual may be unable to enjoy a ride in the sunshine, a restaurant meal, a trip to the movies, an opportunity to shop.
You should honor the wishes of the individual in this regard.
No. Indeed, for purposes of judging the care an individual is receiving, it is better if the nursing home does not know of a visit in advance.
Yes. Note in a diary the date of a visit, the amount of time spent, any contacts aside from the individual, and your observations.
A guardian must file an initial report with the Court within sixty days after appointment.
A guardian must file an annual guardianship report with the court on a preprinted form or electronically, if applicable.
The annual report is due ninety days after the end of the fiscal year that the guardianship commenced. The due date for the report is important-write it down on your calendar each year. For example, a calendar year guardianship is due by March 31st.
In the report, you must inform the court of the individual's:
- Living arrangements
- Physical and mental health
- Medical treatment
- Social activities
- Visits
- Need for continued guardianship.
One good idea is to keep an informal diary, including date of your visits, doctor appointments, and services obtained and significant occurrences. You can then use information from the diary in completing your report.
Although not required as part of the report, it may be helpful to keep a record of the time you spend on guardianship matters, broken down into visits, appointments, errands and paperwork.
If you are guardian of the property, you must file an annual accounting with the Court due at the time the guardianship report (above) is filed.
An accounting shows all money and property received during the year, and all expenses. Both receipts and expenses can be listed by category. For example, the total amount of Social Security checks received during the year or the total amount paid for nursing home expenses can be listed on a single line.
An accounting also shows the value of all property at the beginning and end of the accounting period.
You may request an extension. If you fail to file a report, you can be suspended or removed as guardian.
The report provides feedback to the court on the condition of the individual and the performance of the guardian. As guardian, use the report as an opportunity to assess your role.
Any fee a guardian charges is subject to court approval. Guardians charge between $0 and $75 per hour for their services with professional guardians charging $75 per hour. Family members usually do not charge at all.
You must decide whether you feel comfortable charging a fee as a guardian for a family member or friend. Whatever amount you wish to charge is always open to review by the court.
Yes. You are entitled to reimbursement for out of pocket expenses, such a s mileage, postage, copies, and long-distance telephone calls.
Generally, money for fees and expenses comes from the individual's assets. For cases in which the need for a guardian arises from an automobile accident, no fault insurance benefits may be available.
Yes. You cannot have an informal arrangement for payment of the fee not approved by the court.
The court must approve any fee requested for reimbursement of expenses. You should keep good records of time you spend on guardianship matters. The burden is on you to show you are entitled to the fees you request.
If you, your spouse, or your child wishes to charge for room and board, you must first get approval from the court. Charges will only be approved if reasonable.
Yes. The law requires you to have a lawyer. It is a good idea to have a written fee agreement between you and the lawyer. Only reasonable fees will be paid after probate court approval.
There is no sure-fire way. Here are some suggestions: Ask friends, neighbors, or relatives for someone whom they have been pleased with and who has experience handling guardianship matters.
Call the county or state bar for a referral service that will provide you with the names of one or more attorneys who handle guardianships.
If you have questions about your responsibilities or the individual's rights, do not hesitate to contact your lawyer for advice.
Yes. You may need advice as to whether a federal income tax return must be filed.
Yes.
The law provides you are not personally or financially responsible to other people due to the acts of the individual.
A lawsuit should not succeed if you act within your authority and you make decisions in good faith after consultation with medical personnel. If you are threatened with a suit about a proposed decision, contact your attorney.
Yes. If you act improperly in handling the individual's funds or care, or you act beyond your authority, you may be held personally liable.
- Act for the best interests of the individual.
- Know the limits of your authority.
- If you have questions, ask your attorney.
- Document your activities.
- Keep the individual's money and property separate from your own.
- Use common sense.
Some individuals may need a guardianship for a relatively short time, perhaps as they recover from a stroke. Other individuals may suffer from a degenerative condition such as Alzheimer's disease, and need a guardian for the rest of their lives.
You should petition the court for restoration of capacity.
You can petition the court for modification of your powers. The procedure will be much the same as in the initial petition for guardianship with notice to interested persons and a hearing.
Yes, consult your attorney about the process and procedure for signing and being discharged as guardian.
First contact any family members. Notify your attorney and provide a certified copy of the death certificate and the individual's will if you know its location.
Yes.
If there is no family and the individual had not made any plans, you can make funeral and burial arrangements paying with the individual's funds. If you do not have control of the funds, seek payment from the person that does.
One or more of the following sources may be available to help defray the cost of funeral and burial:
- Social Security death benefits
- Veterans' benefits
Generally, your responsibilities end at the death of the individual. If you have possession of any assets of the individual you would transfer them to whoever is appointed as personal representative for the estate, but you will be required to do a final accounting.
