Senior Spectrum
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Sept 2008
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Dedicated Individuals & Collaborative Efforts Provide Quality Services for Seniors Facing Guardianship
The words “guardian” and “guardianship” are increasingly being heard throughout the nation. What is a guardianship? Who is a guardian?
Guardianship, like longterm care insurance and estate plans, has become a necessary issue to discuss. When an individual is determined to be unable to make informed decisions, a court may appoint a guardian to advocate for and make the necessary decisions of life for the individual. 
Upon appointment by a court, a guardian has the legal authority to make decisions on behalf of the individual.
As adults, we all want and should be able to decide for ourselves where we will live, the medical treatment we will receive and how we will live our lives. Unfortunately, this is not always possible. Some seniors suffer from illnesses that prevent them from making informed decisions. These individuals may need someone to make decisions about many aspects of their daily lives. Imagine a person in the late stages of Alzheimer's who no longer remembers where he lives, if he has eaten or, if he is dressed. Who hires and monitors his needed care providers? Who determines his best possible living situation? Who advocates for necessary treatment? Who assures that medical care is received? Who manages and protects the finances? This is part of the guardians role.
Legal complexities can prohibit family members from making decisions for their loved ones without legal authority. A person must be court appointed to be a guardian. When a senior depends upon another for his care or for his protection, that person is not the senior's guardian unless that person is appointed by a court after a legal process has determined that the individual is unable to make informed decisions. The hired caregiver, the well-meaning neighbor, the senior's niece from Iowa who came to live with him and help him - they are not guardians. They may seek court authority to become his guardian, but just because they “guard” him or look out for him does not make them a Guardian.
Guardianship is a serious step that should be considered only when less restrictive alternatives such as a power of attorney, a healthcare directive, or a living trust prove to be ineffective or are not available. A good guardian serves as a committed advocate and surrogate decision maker. The guardian's job is to assure that the best possible interventions are implemented in the individual's life and that decisions are made to enhance that individual's quality of care and quality of life.
A guardian acts under the supervision of the court. Monitoring and supervision of guardians is critical for the protection of those under guardianship. There are no statistics that delineate how many of the substantiated elder abuse cases nationally or in Nevada have involved guardians as opposed to friends, family, neighbors or caretakers not acting under the supervision of the court. It is undeniable that some guardians in the United States have and will commit elder abuse, but there are no statistics that show that seniors are more at risk from guardians than from caretakers, neighbors or family.
There are however many examples in the records of Nevada's district courts of guardians assisting to protect and/or remove seniors from abusive or exploitive situations. There are monitoring mechanisms and protections for elders facing guardianship in Nevada. Through the efforts of dedicated individuals and collaborative efforts, Washoe County has some excellent programs and leaders who make a significant and positive difference in protecting vulnerable elders involved in guardianship proceedings.
Nevada law requires private professional guardians to be certified by the Center for Guardianship Certification (CGC) as a Registered Guardian (RG) or Master Guardian (MG). The certifications require meeting strict qualifying criteria and an examination process. Master Guardians require no less than three years of guardianship experience and the exam is rigorous. Only those who can demonstrate knowledge of the Standards of Practice and Code of Ethics of the National Guardianship Association earn certification. Additionally, the exams require demonstration of the ability to apply that knowledge. How does this protect our seniors in guardianship?
The Standards and Code require guardians to advocate for the least restrictive environment, the retention of rights and the appropriate level of the incapacitated senior's involvement in their own care and decisions. The CGC has a complaint process in which guardians who are found to have not adhered to the Code of Ethics may be disciplined, including loss of certified status. Additionally, a RG's or MG's noncompliance with the Standards or Code can be grounds for removal as guardian by the court.
Judge David Hardy of Nevada's Second Judicial District Court has guided the Second Judicial District in the creation of a specialized guardianship court. Additionally a program called S.A.F.E. (Special Advocates for Seniors) is found in Washoe County. S.A.F.E. volunteers are appointed to assist the court in a variety of roles in adult guardianship proceedings, including reporting to the court on any issues or concerns they observe.
The Washoe County Public Guardian is a Master Guardian, her Deputies maintain at least Registered Guardian certification, and most of her case managers have obtained Registered Guardian certification. Despite the fact that the higher certification of Master Guardian is not required, is expensive and difficult to obtain, Nevada has the highest percentage of Master Guardians in the nation. For more information on the Center for Guardianship Certification go to www.certification.org. The Standards of Practice and the Code of Ethics can be found on the National Guardianship Association's Web site at www.guardianship.org.
The Washoe County Public Guardian together with members of the community and of the Nevada Guardianship Association are working on an educational program to improve the guardianship services provided by nonprofessionals. A sister, niece, neighbor or caretaker may have good intentions, but may not have the education or resources necessary to ensure another's dignity and well-being through a guardianship process. A free or low cost educational program that will guide them through the basics will provide a small but measurable difference. The Clark County Public Guardian has conducted a community education program for several years and that program has proven to be very beneficial.
Constant vigilance is necessary to ensure that those individuals facing guardianship receive the best services available. Keeping, improving and adding new services to ensure excellence in guardianship is dependent upon the dissemination of accurate information, involvement of community leaders dedicated to collaborative efforts with guardianship professionals and funding. At a time when government funds are low and the economy is suffering, it is imperative that Nevadans speak up for funding of programs and legislation to improve the lives of our aging population.
What can you do? Stay informed. Use your voice and contact your local, state and federal representatives regarding funding for state court monitoring and investigative programs. 
Support the programs that we already have so that we may move forward as a community and continue to support our vulnerable citizens.
The Nevada Guardianship Association is dedicated to the promotion of excellence in guardianship. The organization and its members are involved in a variety of activities that promote the well-being of Nevadan's in the guardianship process. Visit www.nevadaguardians.org