What is Guardianship or Curatorship? Guardianship or curatorship services are sometimes needed for the elderly, disabled, children or someone who is unable to make decisions regarding his or her health, living arrangements, finances and life in general.  Some reasons may include Alzheimer’s disease, mental disability or a recent stroke.  A guardian is a substitute decision-maker and has the legal duty to care for that person under rules set forth for fiduciaries and guardians.  Guardianship guidelines promote the greatest independence for the client, while still under the protection of a professional.   Guardians can also watch over children. A court can appoint a legal guardian for anyone under the age of 18 whose parents can no longer take care of them.  If parents abuse their children, become too ill or die, a guardian can be appointed for a child.  Parents sometimes voluntarily turn over guardianship if they think it’s in their child's best interest. A guardian is usually appointed by a Court through a legal process called interdiction, which requires that a guardian be appointed to protect and advocate for the person who is interdicted (called the "interdict" or "ward").  A guardian can take care of your loved ones at home, protect them in a nursing home, assisted living facility, retirement community or other facility.  A guardian can also care and advocate for the elderly, the disabled or children on a contract basis.  A professional guardian's greatest loyalty is to his client.

Why do we need Guardians? With the ever-increasing age of our society's population, the increase in working professionals of both genders and our increasing mobility, our society has begun to suffer from a serious lack of caregivers for the elderly, children and the disabled.  Along with this decrease in caregivers, there has also been an increase in the financial, physical and emotional abuse of these vulnerable groups.  A guardian is a professional who has experience with and has studied how to protect vulnerable people, act as a fiduciary and counselor, manage assets, advocate for their client, find the best care for their client, and follow ethical rules of conduct for guardians.  Even if your loved one is living at home with live-in caregivers, guardians can ensure that no one takes advantage of them by providing regular monitoring of the home situation.  In nursing homes or other care facilities, a guardian can perform a limitless number of tasks for their client that may not be handled by the facility.  Guardians can oversee the management of all business, financial, legal and medical matters for their clients, which can be done quickly, efficiently and cost-effectively.  A guardian is a better choice for the care of a vulnerable individual, because the guardian:  (i) is a professional; (ii) is held to a higher standard; (iii) has the time to devote to the management their client's affairs; (iv) is specially trained to deal with the issues that arise;  (v) provides essential oversight of personal caregivers; (vi) is available to Courts in interdiction cases as a better choice for the interdict; and (vii) must be bonded or insured.

Examples of people who need guardians:  1.   Seniors sometimes need help with tasks that have become too burdensome for them in their twilight years.  A guardian can help organize their legal, financial and business affairs, pay bills, organize their healthcare, hire and manage help for every part of their life, and monitor them regularly to ensure that they are healthy and safe.  A guardian for the elderly can make sure that the elder's wish to remain at home is fulfilled.  2.   Children who have lost their parents or who have no close family nearby can be cared for by a guardian.  Guardians provide guidance and adult couseling for children. 3.   Disabled persons of any age who need care and protection.   4.   Individuals of any age who would like the help and the expertise of a professional guardian.  For more information on guardianship or how to obtain a guardian, contact Guardianship, LLC at (504) 913-5342