What is the Role of a Professional Guardian?

Family members have a difficult decision to make when their loved one is too impaired to manage part or all of activities of daily living (ADLs). Guardianships were created to provide help for an individual who has experienced a catastrophic injury, illness or is otherwise disabled and unable to make responsible decisions concerning medical, legal and financial needs and manage daily affairs[1]. Guardianships can be fulfilled by a family member, friend, professional or public guardian (e.g., social services or non-profit agency). Sometimes an individual does not have family members available to become a guardian or the individual and family may decide that a professional guardian is best.

The court system is responsible for appointing guardianship. The court system considers certain factors[2]:

• The presence of a disabling condition;
• Evidence of impairments in cognitive functioning;
• Evidence of impairments in self-care abilities;
• Documentation of a failure to meet one’s “essential” needs; and
• Evidence that one is a danger to oneself (e.g., by self-neglect).

A professional guardian is a third party individual who is trained and has experience in accepting the responsibility of being the “decision maker.” A professional guardian must complete specific training required from state to state and an exam to verify that s/he is qualified to make life decisions. A professional guardian must comply with all professional standards (e.g., ethical), have working knowledge of duties and court proceedings and do what is best for the individual despite any family influence.

The role and responsibilities of a professional guardian are very important. The help that is received allow the injured individual to live at a certain quality of life. The following are duties for which the guardian is responsible[3].

• Maintain contact with the person to become familiar with the individual’s needs and limitations;
• Maintain confidentiality;
• Act in the best interest of the individual; and
• Provide information to the court (financial records, personal inventory and personal status report).

The duties of a professional guardian can be discontinued at the request of the individual or family or friend. There must be proof provided to the courts to show that the guardian services are no longer needed.

NeuLife consistently provides the highest standard of care in the delivery of quality clinically relevant services to our clients with catastrophic injuries and other challenging diagnoses in order to produce superior outcomes and exceed the expectations of all persons served. Healing, wellness and personal fulfillment are best accomplished in a positive and uplifting therapeutic environment where caring staff encourage, assist and support each one of our clients so they may achieve their specific goals.

2725 Robie Avenue
Mount Dora, Florida 32757

[1] “Guardianship,” www.traumaticbraininjury.com/funding-resources/guardianship

[2] “Guardianship Issues Following TBI,” www.braininjuryeducation.org/Topics/Guardianship

[3] “Guardianship and Conservatorship FAQs,” www.dhs.sd.gov/gdn/guardianshipfaqs.aspx