The goal of appointing a person as another person’s guardian or conservator is to provide care for their physical or financial well-being. Although this goal is often successful, the appointment also removes many of the incapacitated individual’s rights and freedoms. If an individual is declared incapacitated it may be in their best interest to have another individual oversee their decisions and care, however not all individuals are fully incapable and may better be served through another type of assistance. Given the restrictive and weighted nature of establishing a guardianship or conservatorship, the court always encourages exploration of alternative options prior to filing a petition to establish either. A guardianship or conservatorship should be considered after other alternative less restrictive options have first been explored.
Power of Attorney or Health Care Directive
Setting up a power of attorney or creating a health care directive may be sufficient alternatives to establishing a guardianship or conservatorship. A power of attorney provides decision-making ability to another named adult on the individual’s behalf. A health care directive instructs physicians, family members and other health care providers as to the wishes of the individual when certain situations arise and care becomes necessary. If the individual is of sound mind and is able to understand the substance and purpose of these options, they may wish to secure their needs using this less-restrictive alternative. The individual must also be able to physically sign the documents after understanding their purpose and the repercussions each entails.
Community or Family Assistance
Many individuals, whether elderly or those who have special needs, have a large community of people they can rely on for assistance or support. If your loved one is capable, however could use some periodic help or care, perhaps facilitating assistance from their community is a viable alternative. Many friends, family, church members and social service providers are wiling and able to help pay bills, grocery shop or run errands for an individual with limited needs. Professional assistance can also be sought through certain agencies, home care management programs and other home and community based services. If you feel your loved one has a sufficient community they could rely on, this may be a feasible and less-restrictive alternative to appointing a guardian or conservator. An experienced attorney can assist you in assessing the current situation and provide insight as to what form of system would best suit the individual’s needs.
Contact Experienced Kansas Conservatorship and Guardianship Attorney Tom McDowell Today
If you feel a conservatorship or guardianship may be necessary in order to best care for your incapacitated loved one’s needs, our firm is here to help. Kansas Guardianship Attorney Tom McDowell has many decades of experience creating elder care plans, and he strives to develop a plan that works best for your family’s needs. McDowell Chartered Legal Services is passionate about helping care for families and would ready to help you through that process as well. His team of experienced attorneys and staff will give you the confidence you need that your matter is being properly taken care of. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we can successfully assist you with your conservatorship or guardianship matter.
