Issue 12.13
We often read articles about estate planning. That is, planning for our deaths. But what about before we die? What happens if we are still alive, but we lose our mental faculties and are unable to make decisions for ourselves? We may find that, due to some unforeseen mental malady like dementia or Alzheimer’s, all of our careful planning is forgotten and we are no longer capable of paying our bills, taking proper doses of our medication, or nourishing ourselves properly. An important part of any end-of-life plan includes a provision about guardianship, that is, who the person that will care for you is if you can no longer care for yourself.
I am an attorney, but I am also a certified professional guardian. In fact, I am the only professional guardian in St. George, and because of this I have been involved in many different and complicated matters involving incapacitated persons who did not plan for the event when they would lose their mental faculties. As a professional guardian, I am qualified to step in and be court-appointed as a guardian and conservator for those persons who don’t have trustworthy family who can, or will, serve. For example, I am the guardian for one woman who I believe had very little capacity of her own for quite some time before I met her. She was being cared for almost completely by her neighbors, and it was not until she answered the door one day wearing only a blouse that the proper authorities were notified and I was able to step in and help determine that this woman had been dangerously overdosing on her prescription medications for a long time, and was putting herself at extreme risk of death or severe injury. This woman is the sweetest, most warm, grandma-like figure that you’ll ever meet, and she would be mortified to know of her actions. She just simply no longer has the mental capacity to understand or process her actions like St. George based Owl Guardianship and Elder Care Services, LLC, we have been able to get her living in a safe place with a nurse’s supervision. She is happy and safe, which is always my goal.
As much as we hate to admit it, we all could be in my client’s shoes one day. The future is impossible to predict. My client did not have a system in place to deal with her eventual incapacity, so she came dangerously close to needlessly suffering or dying alone and undiscovered. For us, the lesson is this: when you work with an attorney to draft your estate planning documents, make sure you have a provision in either your powers of attorney or your will that appoints your preferred guardian, along with their contact information. That way, if I am called to your house because you are sitting on your driveway with a flower pot on your head, I, or someone like me, can look at your documents and determine who you have selected to care for you. I don’t mean to make light of this serious situation, but the reality is that it is often these bizarre events that trigger the life-saving recognition that a person needs help.
If you feel that you, a neighbor, or a loved one may be in danger because of capacity issues, I encourage you to reach out to the proper people. Also, please plan for yourselves so you’re never in that position in the first place. Planning equals safety, and safety equals happiness. That’s always my goal.
Kristin “Katie” Woods is a native of St. George. She is an attorney in the St. George office of Barney McKenna Olmstead & Pack, P.C., and is the owner of and National Certified Guardian at Owl Guardianship & Elder Care Services, LLC.