How to Be a Guardian
Guardianships are nothing to joke about. This article is on how to be a guardian under Minnesota law.
Being a guardian to someone is a very serious matter as you get to make tons of vital medical decisions for an incapacitated individual. Whether or not they get better might be up to you. Sure, you might want to blame issues on faulty medical staff, but your yes and your no may dictate what the staff can and cannot do. Everything you pick should only be the best for the person you’re protecting.
If you want to do the best job, here are four general recommendations to help you become the best guardian that you can be. You will probably need a guardianship lawyer in order to obtain guardianship, but these are some tips to help you once you become a guardian.
Health Concerns
Since guardians are sometimes put in charge of someone else’s health, your first priority in this new role is probably their well-being. Their medical decisions are now yours to control. They have to sleep in the bed that you make and you can be held responsible for what happens to them. This is by no means you’re time to be conjuring excuses. Rather, you should be serving them as you might serve a dying relative.
While being a guardian may not require you to have medical experience, be ready to learn about new health conditions. A decision may need to be made in seconds. Don’t assume that time is on your side. Guardianships are created for situations where there’s an individual who’s incapacitated from making qualitative medical decisions. Your input is now their lifeline.
Prepare for the Future
Preparing for the future can mean just about anything. It may even involve preparing for when you can no longer serve as their guardian while maintaining their best interests. Difficult decisions may happen. That’s a part of life. There’s always the chance that you will need to make key medical decisions that will greatly impact their life. Knowing what they actually want done and what’s best for them are two of the best things that you can do.
Besides learning about their medical conditions, have their documents pertaining to health care memorized. People commonly put medical concerns into their estate planning. It’s a huge part of what estate planning lawyers do to ensure that your loved ones can have their wishes fulfilled. Even if you’re not their guardian yet, let the phrase “their wishes” sink in. Walk in their shoes. Be who they would be.
Never Break Trust
Having guardianship is a huge honor, an honor that can be taken away.
Love is a huge factor of being a good guardian, but that doesn’t mean love can justify or reconcile every decision. Having talks with and giving updates to the family should be a regular occurrence for you. Treat your guardianship as your new job because you’ve got someone’s life in your hands.
As mentioned prior, planning for the future is not optional. The incapacitated individual that you’re protecting could resume daily life in a moment’s notice. What they wake up to find is what they may have to accept. You don’t want to find yourself gridlocked against that person and their family with a judge, jury, and two lawyers between you. Abuse is never acceptable.
Incapacitated or Not
Your guardianship rests on the fact that the incapacitated individual remains incapacitated. Don’t take that the wrong way as no longer being incapacitated is a good thing. Your role as their guardian might be meant to be temporary. Keeping them incapacitated never should be your goal unless they would otherwise be harmed or for some other justifiable reason.
Their family may have brought you into the fold precisely because they want you to help bring them back. Protecting the incapacitated individual and carrying out their wishes and the desires of the family are the three top priorities. If you can make decisions that won’t supersede those three goals, your next goal might be to help the incapacitated resume daily life. Be mindful that once they’re no longer incapacitated, you may not have guardianship over them. You should do what you can for them while you still have the power to do so.
Minnesota Guardianship Lawyers
To become the best guardian that you can be, having a Minnesota guardianship lawyer is vital. The law firm of Flanders Law Firm LLC can provide you with that when you call 612-424-0398.
A lawyer who knows the ins and outs of guardianship law can act as a mentor to you before and after you become a guardian. That lawyer you’ll get can also assist you with topics surrounding elder law such as estate planning and conservatorship. If you have concerns about whether or not what you’re doing is legal, you might be able to ask them before you make a decision. You don’t have to be the best by yourself.
Sources:
https://pjtagency.com/5-things-consider-selecting-guardian-conservator/
