Guardianship can be necessary to help a loved one who can no longer make decisions for themselves. However, most do not want to see their loved ones have to enter into a guardianship to get their needs met. Guardianships take away many legal and practical decisions from the individual and is the most restrictive option when a loved one needs support making decisions. For the guardian, their relationship with their loved one is now subject to Court intervention and oversight. What are some options that can help when a loved one needs help making decisions but may not be ready for a full guardianship?
Supported Decision Making
Supported decision making is a series of relationships and practices that are designed to assist an individual to make and communicate decisions. These can be very formal or informal and are designed to meet the unique needs of the individual.
Power of Attorneys
This is a legal document that allows an individual to designate someone to make decisions on their behalf. In Nebraska, power of attorneys can be designated for health care, finances, or both. The agent can act for the individual when they cannot. Power of attorney documents are great options to allow an agent to make decisions without intervention or oversight from the Court. However, the individual must have capacity at the time the power of attorney document is signed for the appointment to be valid.
Appointing a Fiduciary by a Government Agency
Both the Department of Veteran’s Affairs and Social Security Administration allow individuals to appoint someone to receive and use benefit payments on their behalf. If a loved one is having difficulty managing their benefits payments, they can designate a fiduciary through the agency making the payments.
Living Trust
This is a legal document used to give someone else legal authority to make decisions about property or money that has been placed into the trust. The individual names a trustee who manages the money or property. The trust can also pass money or property to beneficiaries after death.
If you have a loved one who needs support and assistance making decisions, there may be options for you outside of a traditional court-ordered guardianship. Call us at (402) 548-5418 so we can help ensure your loved one is a protected and supported with dignity.