Beller Law, P.L., is available to help you navigate these challenges. Our law firm can help you understand your duties and suggest possible ways to make difficult decisions.
Notice: Please note that Rebeccah Beller is a Florida attorney specializing in guardianship matters in the state of Florida. Our legal team only handles guardianships within Florida and cannot provide assistance for cases outside of this jurisdiction.
Types of Guardianships
Contrary to popular belief, guardianship is not only for children. Florida law provides for different types of guardianships, including adults in certain circumstances. These guardianships can be short-term or long-term, voluntary or court-appointed.
Guardianship for Minors
A guardian of a minor assumes legal responsibility for a child’s welfare when the parents cannot do so. A guardian’s duties can include providing a safe and nurturing environment and making decisions for the child. The guardian must act in the child’s best interests and focus on the child’s well-being, safety, and development.
Guardianship for the Elderly
Guardians for older adults take on the legal responsibility of making decisions for an elderly individual. These individuals usually lack the capacity to manage their affairs on their own. In some cases, adults will preemptively choose their guardian so that their affairs are in order in the event of incapacity. The guardian’s role will act on behalf of the elderly person, promoting their dignity and quality of life.
Guardianship for Individuals with Disabilities
A Guardian Advocate can make decisions for a person with certain disabilities when they are unable to do so for themselves. Individuals with disabilities may lack the capacity to make critical life decisions. Guardianship ensures that someone addresses their needs and well-being, and is also responsible for reporting to the court to have some oversight in ensuring the guardian cares appropriately for the disabled person. Guardians also protect these individuals from potential exploitation, neglect, or harm.
Moral and Ethical Dilemmas in Guardianship
Guardians have decision-making power for their wards (the person who is cared for by the guardian), but using that decision-making power can be challenging. Although guardians are required to honor the ward’s reasonable wishes and requests, the guardian may disagree with the ward’s wishes and consider them unreasonable. Likewise, if the guardian is a relative, the guardian may risk angering the family and cause harm to the guardian’s relationship with her or her own loved ones. In any event, guardians must adhere to guardianship ethics and always respect what is best for the ward.
Informed Consent for Medical Care
Patients must give doctors informed consent before undergoing treatment. This is impossible for some people due to age or illness. In these cases, guardians must give this consent on behalf of their wards, which can lead to moral struggles. Some considerations related to informed consent include:
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- Balancing autonomy with best interests. Guardians must ensure the ward’s well-being while also considering whether the ward wants the treatment in question. Ethical dilemmas may arise when the ward’s autonomy to make decisions and choices conflict with the guardian’s view of what is in the ward’s best interests.
- Guardian’s conflict of interest. Guardians must avoid conflicts of interest that could compromise their ability to act in the ward’s best interests. The law mandates that guardians act for the ward’s benefit and avoid any personal interests that affect their decision-making.
- Comprehensive information and understanding. Guardians must understand the risks and benefits of a proposed treatment before making any decisions. Ethical concerns may arise if the guardian doesn’t look into these concerns, jeopardizing the ward’s health. Guardians should make every effort to gather information, ask questions, and document advice from medical professionals before making any decisions for the ward.
Guardians should also speak with the ward and other loved ones before giving informed consent. This can help them address all concerns and understand what is in the ward’s best interests.
Financial Responsibility
Some guardians manage their ward’s finances. This can lead to moral issues in guardianship since wards may be vulnerable to theft and other harm. These aspects of financial responsibility often lead to ethical concerns:
- Fiduciary duty. Guardians have a fiduciary duty to act in the best interests of their wards, meaning that the guardians are legally responsible to act solely in the best interest of the ward. They must manage the ward’s finances with the utmost care, and failing to do so can result in severe ethical breaches and harm to the ward. This can be difficult if the ward lives with the guardian, for instance, and the guardian wishes to use the ward’s assets to make upgrades to the home to make it more comfortable for the ward, but the guardian is also potentially benefitting from improvements to the home.
- Transparency and accountability. Guardians should maintain open and transparent communication with their wards about financial matters. Keeping the ward updated on their income, expenses, and investments respects their autonomy and dignity.
- Financial abuse. Some guardians may benefit from their ward’s finances. Exploiting a ward’s financial resources for personal gain is a severe moral and legal concern.
A guardian should avoid making any decisions that appear to be improper. It may help to consult an attorney or financial advisor to verify that your choices are in the ward’s best interests.
End-of-life Decision-Making
End-of-life decision-making between guardians and wards is a sensitive and complex area. You must consider ideas like autonomy, mercy, and justice. The decisions made during this time can cause family stress and impact the guardian’s legacy. Some considerations related to end-of-life care include:
- Respecting autonomy. Guardians must make decisions on behalf of wards who may be incapacitated or unable to express their preferences. They might struggle to put their feelings aside and respect the ward’s previously expressed wishes.
- Quality of life. Decisions about treatments, interventions, and palliative care should focus on the ward’s quality of life. Moral concerns emerge when decisions appear to prolong suffering without meaningful benefit.
- Advance directives. Guardians should follow any advance directives such as a living will created by the ward. Ignoring such documents can raise significant concerns, leading to family disputes and lawsuits.
- Cultural and religious beliefs. Guardians may have different cultural and religious beliefs than the ward. They may struggle to respect the ward’s beliefs if the guardian’s beliefs conflict with the ward’s.
Many guardians struggle with end-of-life care for their wards, especially when they want to prolong the ward’s life as long as possible. Relatives, doctors, and attorneys may help the guardian come to terms with the situation so they can make the best decision.
Speak with a Guardianship Attorney
Most guardians will face moral and ethical dilemmas that cause stress and sadness. You don’t have to make these decisions alone. An attorney can help you understand your legal obligations and offer support when making tough choices. Rebeccah Beller has close to thirty years of legal experience and has helped many Floridians navigate moral issues in guardianship. Call Beller Law, P.L., to schedule a consultation.