Guardianship is an important legal tool that grants someone the responsibility of making decisions on behalf of another person. In healthcare, a guardianship designation can help ensure that patients’ wishes are respected and carried out even if they lack the capacity to make decisions for themselves. Let’s explore what this means in more detail.
What is Guardianship?
In a medical context, guardianship is defined as “the right and responsibility to make decisions about health care, education, personal care, and other matters for a person who lacks the capacity to make or communicate those decisions.” A guardian can be appointed by a court or other legally recognized body to provide decision-making power on behalf of someone else—usually due to their age, disability, or mental illness.
Who Can Be a Guardian?
The person who becomes the guardian is known as the “guardian ad litem” (or “guardian of the person”). In most cases, family members such as parents will take on this role for their children—but anyone can be appointed as a guardian provided they meet certain criteria. Anyone interested in being named as a guardian must demonstrate that they have sufficient knowledge of the patient’s medical condition and history; understand their wishes; and display an ability to fulfill their obligations without engaging in any type of abuse or neglect.
What Does It Mean To Be A Guardian?
Being designated as a guardian means having control over all aspects of the patient’s life—from finances to education to health care decisions. The guardian should always act in accordance with the patient’s expressed wishes if they’re able to express them; if not, then they must act based on what they believe is best for them. This includes providing proper care and protection while also respecting their dignity and autonomy whenever possible. Guardians are expected to keep detailed records of all interactions with healthcare providers so that progress can be tracked accurately over time.
Listen to this podcast to see what signs may appear when someone is experiencing a decline in their mental health and when guardianship may need to be established.
Guardianship is an important legal tool that provides decision-making power for someone else when necessary. While it can give peace of mind knowing that your loved one’s wishes will be respected if you are unable to do so yourself, it also comes with significant responsibilities that should not be taken lightly. If you’re considering taking on this role for someone you know, contact OPG to discuss the importance and implications of this role.
