Exploring Alternatives to Adult Guardianship for Aging Parents
As your parents age, they may succumb to health and cognitive issues that impair their ability to manage daily tasks and make important decisions. When it becomes clear that a parent needs assistance and/or supervision, adult guardianship has long been considered the solution. Guardianship, however, can often be restrictive and can cause resentment because of the loss of freedom and autonomy. Fortunately, there are several alternatives to adult guardianship that may provide the necessary support and protection without that loss of autonomy. The Indianapolis attorneys at Frank & Kraft explore alternatives to adult guardianship for aging parents.
Power of Attorney
A power of attorney (POA) is a legal document that grants a designated person (known as the “Agent”) the authority to make decisions on behalf of the individual (known as the “Principal”). A POA can be general or limited, allowing the creator to tailor the POA to his/her needs. Making a POA “durable” means that the Agent’s authority will survive the incapacity of the Principal, making this an excellent tool for aging parents. A With a durable POA in place, the Agent (you) can manage financial affairs, including paying bills, managing investments, and handling property transactions for an aging parent. This option ensures that financial decisions are handled without court intervention and allows the Principal to decide who will have the authority granted in a POA.
Advance Directives
Advance directives are legal documents that outline an individual’s preferences for medical care in case they become unable to make or communicate decisions. These documents provide clear instructions to healthcare providers and loved ones about the type and extent of medical care desired.
A Healthcare Power of Attorney grants the Agent authority to make medical decisions if the Principal is unable to make or communicate them. This can include decisions about medical treatments, surgeries, and end-of-life care. A Living Will specifies the types of medical treatments and life-sustaining measures an individual wants or does not want, such as resuscitation, mechanical ventilation, and tube feeding. Together, a Living Will and Healthcare POA allow your parents to make important healthcare decisions now in case they cannot make them later and let them appoint someone to make additional healthcare decisions that are not covered in the Living Will.
You may also wish to consider adding a Do Not Resuscitate (DNR) Order to your advance directives. A DNR order is effectively exactly what it sounds like — a specific type of advance directive that instructs healthcare providers not to perform CPR if the individual’s heart stops or they stop breathing.
Supported Decision-Making
Supported decision-making is an emerging alternative that empowers individuals to make their own decisions with the assistance of a trusted support network. Unlike guardianship, which removes decision-making authority, supported decision-making allows the individual to retain autonomy while receiving the necessary support.
The individual works with a team of supporters, typically family members, friends, or professionals, who help them understand their options, make informed decisions, and communicate those decisions to others. Supported decision-making respects the individual’s autonomy and dignity, enabling them to make choices about their lives while ensuring they have the support they need.
Community-Based Services
Community-based services provide practical support to help aging parents live independently and safely in their homes and communities. These services can significantly reduce the need for guardianship by addressing specific needs. Examples of community-based services include:
- Home Care Services: Professional caregivers can assist with daily activities such as bathing, dressing, meal preparation, and medication management, allowing aging parents to remain in their homes.
- Adult Day Programs: These programs offer social, recreational, and therapeutic activities in a community setting, providing respite for family caregivers and opportunities for socialization for aging parents.
- Transportation Services: Specialized transportation services can help seniors get to medical appointments, run errands, and participate in social activities, maintaining their independence and mobility.
- Case Management: Professional case managers can coordinate services, advocate for the individual’s needs, and connect them with community resources, ensuring a comprehensive support system.
Do You Have Additional Questions about Alternatives to Adult Guardianship?
For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about alternatives to adult guardianship, contact an experienced Indianapolis elder law attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.Read More! Latest posts by Paul A. Kraft, Estate Planning Attorney (see all)
