Guardianship and Trusteeship — Understanding the Important Differences
While these two terms may sound similar, they are vastly different. Those differences must be fully understood by family caregivers.
A definition of each term is in order. Guardianship is, essentially, a legal ruling which allows an individual to manage a dependent adult’s personal affairs. Trusteeship is, essentially, a legal ruling which allows an individual to manage a dependent adult’s financial affairs. There is no crossover of responsibilities; a guardian cannot manage a senior’s real estate sale and so on.
With Guardianship and Trusteeship being two vastly separate entities, it is vital for caregivers to differentiate between them. You may find out at the wrong time that you simply do not have the legal authority to act on a dependant adult’s behalf. Without being a lawyer myself and, with laws varying from province to province and from state to state, I can only keep my comments here general.
When faced with applying for either Guardianship or Trusteeship for a dependent adult living in a care home, seek legal counsel. If you do not have the experience necessary, this is not a time to guess. Speak to a lawyer who has past experience in these areas. Yes, lawyers can be expensive to retain; however, the price can be well worth it. If you are concerned about how much it will cost you and your family to pay the associated legal fees, then consider how much it will, potentially, cost you to not do so.
Friends who are also caregivers may have hired legal counsel and may be able to provide you a solid referral (when charting unknown territory, it is always better to have a guide to lead you). Allow ample time. As I learned by going through the process with my father, it can take weeks to complete and serve these documents to the dependent adult. Following serving these documents, I was obligated to wait a set period of time for Dad to respond.
Once you are granted Guardianship and/or Trusteeship, official court orders (naming an individual as Guardian and/or Trustee) must be provided to all of those individuals involved with your parent’s care. I distributed these orders to my father’s doctor, the nursing staff at Dad’s retirement home, the local pharmacist and so on. Additionally, I alerted my father’s banker and each company I would pay bills for, on Dad’s behalf. As an additional responsibility, as Trustees, my older sister and I were legally required to complete and submit a full itemized financial statement of all income and expenses to the courts for review. When my older sister was out of town, she had to write a letter transferring all responsibility to me on a temporary basis.
Whether Guardians and/or Trustees are appointed by seniors or voluntarily take on the role, these individuals must be both willing and trustworthy. Serving as either a Guardian or Trustee is not a matter to be taken lightly. You will be completely responsible for a dependent adult in a care home. You must be accountable, organized and dependable. Before accepting this responsibility, ask yourself if you are truly ready. You may need to prepare emotionally.
Rick Lauber is the author of Caregiver's Guide for Canadians: http://www.self-counsel.com/default/caregiver-s-guide-for-canadians.html. As a former caregiver, Lauber shares his own experiences and lessons learned. This guidebook is a valuable resource and speaks on many issues of relevance to caregivers.
