• August 10, 2021

Why Guardianships are Better than Healthcare Directives

Why Guardianships are Better than Healthcare Directives

Why Guardianships are Better than Healthcare Directives 1024 683 Patrick J. Thomas Agency

Retirement is filled with many decisions. One of those is how to make healthcare decisions for a person when they become no longer able to do so themselves. There are many ways to do this. Two of the major options are healthcare directives and guardianships. What are these? How do they work? Which one is better for you or your loved one? We can help you define them and make the best decisions possible. 

What is a Healthcare Directive?

A healthcare directive (also called an advanced directive or a living will) is a legal process whereby a person fulfills the healthcare wishes for someone should they no longer have the ability to communicate them. A person’s healthcare wishes are recorded via legal documents, which are used as the basis to make decisions for a person.  

What is a Guardianship?

Guardianships are a means to assist a person with their day-to-day needs. When a guardianship is formed, a court-approved person (the guardian) takes up the responsibility of handling the decisions for another person (who is subject to the guardianship). These decisions can include everything from living arrangements to education, voting, etc. It also includes the decisions surrounding a person’s healthcare, which is why guardianships can be a great alternative to a healthcare directive. 

Why Guardianships are Better than Healthcare Directives

There are many reasons why a guardianship is more helpful, beneficial, and better for a person when it comes to their healthcare decisions: 

  1. You choose the extent of their power: guardians can be given as much or as little control over a person’s medical decisions as needed. They are strictly limited in what they can do based on the powers the courts grant them. 
  2. The court oversees them: guardians must report back to the court regarding a variety of issues, and there is a process for removing powers from a person who is unable to perform their duties any longer. 
  3. Protections: there are protections set up for the person who is subject to the guardianships. In most cases, a guardianship surety bond is required by the courts when a guardianship is set up. These bonds can help provide “insurance” payouts should a guardian fail to perform their duties. 

Setting up a Guardianship? Find the Help You Need

You should always work with an attorney when setting up a guardianship. If the judge requires you to have a surety bond, the best place to go to get one quickly and securely is a surety bond agency. At The Patrick J. Thomas Agency, we have experienced agents who can get you guardianship bonds. We make the process simple and easy, getting you the help you need quickly. Get in touch with one of our agents today to get started.

Disclaimer: this is for informational purposes only and is not intended to be legal advice. If you need legal counsel, please contact an attorney directly.