Guardianship and Power of Attorney Training Crisis Response Network of Southern Arizona

Guardianships Those Individuals that are under guardianships may have one or more of the following factors:  Incapacitated Person  Lack sufficient understanding to make responsible decisions  Any person impaired due to the following:  Mental Illness  Physical Illness or disability  Chronic Abuse or Drugs/Alcohol Abuse

Duties of a Guardian:  Can make provisions for the care, comfort, and maintenance for the individual  May give consent or approvals that may be necessary to enable the individual to receive medical or other professional care, counsel, or treatment services  Find the most appropriate and least restrictive setting for the individual based on the individuals needs, capabilities, and financial ability  Make reasonable efforts to secure appropriate medical, psychological care and social services for the individual  For an incapacitated adult who is developmentally disabled, a guardian will seek services that are in the best interest of the individual  If the individual has an appointed attorney, the guardian can contact the attorney and request the attorney have access to the individuals medical record and the individuals treatment services

Power of Attorney Definition: Is a voluntary transfer of authority from one individual to another. It is established at a time when a person has the capacity to understand what the act accomplishes. It can consist of making decisions on behalf of ones health care concerns to having financial oversight of ones care. Health Care Power of Attorney: Definition: Leaves specific directions about his or her wishes. It also empowers a specific individual to carry out the directions identified in the health care power of attorney. Mental Health Power of Attorney: Definition: Can be established by a person with a serious mental illness at a time when the person is well and capable of giving specific direction about his or her mental health care. It may be used to designate someone to carry out the individual’s wishes,

Difference Between Guardianship and Power of Attorney A guardianship is essentially court imposed for an individual that is not capable of making health care decisions. A Power of Attorney allows a capable individual to participate in making decisions for the time they do not have the capacity to do so.

Guardianship: Coordination of Care for Individuals Connected to a Comprehensive Service Provider (CSP) When an Individual presents at the CRC, the Unit Coordinator (UC) must check the PACE system to see if the individual is enrolled with a Comprehensive Service Provider (CSP). If the Individual is connected to a CSP, the UC will request the guardianship documentation from the CSP Liaison during the triage process. Guardianship documentation will be entered into Credible and the UC will create a “pop up” trigger that notifies all staff that the Individual has a guardian. Crisis Worker will ensure that the guardianship documentation is incorporated throughout the individuals treatment at the CRC from the onset of the individuals presentation.

Guardianship: Individuals not Enrolled with a Comprehensive Service Provider (CSP) When an Individual presents at the CRC, the Unit Coordinator (UC) must check the PACE system to see if the individual is enrolled with a Comprehensive Service Provider (CSP). If the Individual is not connected to a CSP, the UC will ask the Individual if they have a guardian. If the Individual identifies that they have a guardian, the UC will request guardianship documentation from the Individual during the triage process. The UC will scan guardianship documentation into Credible and the UC will create a “pop up” trigger that notifies all staff that the Individual has a guardian. The UC will also inform the Crisis Worker (CW) that they are obtaining the guardianship documentation. The guardian will be included in the Individuals treatment services.